DEVENDER KUMAR Vs. HARYANA WAKF BOARD AND ORS.

JUDGEMENT

(1.) Challenge in the present appeal has been directed against the judgment and decree dtd. 20/11/2018 passed by the Additional District Judge, Yamunanagar at Jagadhari whereby appeal against the judgment and decree dtd. 12/5/2015 passed by the trial court dismissing suit of the respondent-plaintiff was allowed, judgment and decree impugned were set aside and suit of the respondent-plaintiff for possession of disputed land was decreed.

(2.) The Haryana Wakf Board, Ambala Cantt. through its Estate Officer filed suit for possession in respect of land measuring 369 square yards, detailed in para 2 of the judgment of trial court, situated at Munda Majra Yamunanagar on the premise that appellant (since deceased) represented by his LRs is in possession of suit property as lessee and after expiry of lease period, he had neither paid the lease money nor executed kabulitnama. Notice under Sec. 106 of the Transfer of Property Act was issued but the defendants have neither vacated the premises nor got executed any lease deed. Defendant No. 1 is in illegal and unauthorized possession of suit land and liable to pay mesne profits. Defendant No. 1 has transferred possession of part of property to defendant No. 2.

(3.) Counsel for the appellant would argue that in view of nature of controversy raised in the suit, civil court has no jurisdiction to decide the matter in view of bar created under Sec. 85 of the Wakf Act, 1995 (in short "the Act'). Another submission made by counsel is that the appellant is ready to pay rent and get a fresh lease deed executed, therefore, the appellant through his Lrs may be allowed to retain possession of the suit land.