PUNJAB WAQF BOARD Vs. JAMNA BAI AND ORS.

JUDGEMENT

(1.) This order will dispose of RSA Nos.2700, 2725, 2781, 2812, 3165, 3438, 5386 and 5568 of 2017 as identical questions of law and fact are involved for adjudication. For facility of reference, facts are taken from 2781 of 2017.

(2.) Punjab Wakf Board though its Estate Officer, Ferozepur filed a suit for possession by eviction of respondents/defendants from Wakf property i.e. agricultural land 41 kanal 7 marlas situated in the area of village Kari Khurd, Tehsil and District Ferozepur, detailed in headnote of the plaint. It is averred that from the year 2003-04, defendant No.1 became defaulter and did not pay lease amount. Defendants are in illegal and unauthorized possession of the suit property and they have no right to retain the same. Defendants are also liable to pay damages for illegal use of suit land.

(3.) The respondents/defendants filed the written statement and raised preliminary objections including that Civil Court has no jurisdiction to entertain the suit as the property is of Punjab Wakf Board. Tenants can be evicted only under the Punjab Security of Land Tenures Act, 1953 and not by the Civil Court. On merits, it is pleaded that Puran Singh (since deceased), father of defendants and answering defendants are not defaulters as they have already paid entire lease money to the plaintiff- Board. Some installments of lease money were received by the officials at the spot when they came for recovery of lease money from the tenants but they have not issued any receipt of rent/lease money. The answering defendants are ready to deposit the outstanding lease amount.