PUNJAB WAKF BOARD Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) Unsuccessful plaintiff, Punjab Wakf Board, Ambala, has filed the present Regular Second Appeal and it has been directed against the judgment and decree dated 24.1.1980, passed by the Additional District Judge, Sonepat, who affirmed the judgment and decree dated 3.11.1978, passed by the Sub Judge, 1st Class, Sonepat, who dismissed the suit of the plaintiff for injunction as prayed for.

(2.) The brief facts of the case are that plaintiff-Board filed a suit for permanent injunction against the defendants alleging that the suit property is a graveyard and was used as such from the time immemorial by Mohammedans for burying their dead bodies and thus has acquired character of Wakf property by user, dedication and reputation. The Board leased out 2 kanals 16 marlas of land shown in the site plan attached with the plaint to defendants No. 3 and 4 in the year 1971 and from that time onwards they have been in physical possession of the same as tenants under the plaintiff Board. On 24.9.1974 Rattan son of Amar Singh and Kanshi Ram son of Shish Ram filed an application under Section 7 of the Punjab Village Common Lands Act against defendants No. 3 and 4 (Randhir Singh and Amar Singh) and obtained an order of ejectment against them from the Court of Assistant Collector 1st Grade, Sonepat on 19.12.1975.

(3.) Aggrieved by the order of the ejectment, the plaintiff-Board had instituted the suit for permanent injunction restraining defendants No. 1 and 2 i.e. the Gram Panchayat and Gram Sabha Tharu-Uldepur, through its Sarpanch, from taking the possession of the suit property on the basis of the order dated 19.12.1975.