OM PRAKASH CHAUDHARY Vs. HIMACHAL PRADESH WAKF BOARD

JUDGEMENT

(1.) The present regular first appeal is directed against the judgment and decree dated 10.11.1999 passed by the learned District Judge, Kangra at Dharamshala in Civil Suit No. 1-P/I/1996, titled Shri Om Parkash Chaudhary v. Punjab Wakf Board and Ors., whereby the suit for declaration with permanent prohibitory injunction and in the alternative for possession filed by the Appellant as Plaintiff against the Respondents being Defendants has been dismissed.

(2.) The facts pleaded by the parties can be stated thus:

(3.) Defendant No. 1 after satisfying itself about inter se settlement between the Plaintiff and Defendant No. 2 and also the Plaintiff agreeing to abide by the usual terms and conditions of allotment/lease, issued allotment letter/allotment order No. 348/1993, dated 24.7.1993. The lease commenced from 1.1.1993. The possession of the suit premises was handed over to the Plaintiff by Defendant No. 2 on 13.6.1993. Ever since the Plaintiff was coming in possession of the suit premises on payment of Rs. 300/- per month as rent. On the request of the Plaintiff, Defendant No. 1 also accorded permission in writing by issuing 'No Objection Certificate' allowing him to raise construction on first floor of the suit premises.