PUNJAB WAKF BOARD Vs. MOHINDER SINGH

JUDGEMENT

(1.) Briefly stated, facts of the case are that Punjab Wakf Board, Chandigarh had filed a suit for permanent injunction against Mohinder Singh and others before Additional District Judge, Ludhiana, acting as Wakf Tribunal (hereinafter to be referred as 'the Tribunal').

(2.) On notice, some of the respondents had appeared, whereas others did not put in appearance, despite service, as such they were proceeded against ex parte. The respondents who had appeared had contested the suit. Issues on merits were framed. Parties were given adequate opportunities to lead evidence. On conclusion of the trial, the Tribunal dismissed the suit, vide judgment dated 9.10.2018. The Tribunal has observed that "it is crystal clear that if the nature of the land is shamlaat Deh, as it was described in the revenue record relied upon by the plaintiff Board itself, the question of title regarding the controversy whether the land vests in the Gram Panchayat or it vests in the Wakf Board in terms of Notification issued under Section 5(2) of the Wakf Act, the same has to be decided by the authorities under the Punjab Village Common Land Regulation Act, 1961 and not before the Wakf Tribunal. Therefore, this Tribunal has no jurisdiction to entertain and try the present suit nor under the circumstances, any injunction can be issued against the defendants. Accordingly, issues No. 1 and 3 are decided against the plaintiff and in favour of the defendants."

(3.) Punjab Wakf Board - plaintiff felt aggrieved by the said judgment and has approached this Court by way of filing a revision petition, submitting that the impugned judgment and decree passed by the Tribunal be set aside.