LAWS(HPH)-2023-9-73

SANDEEP CHAUHAN Vs. OM PRAKASH CHAUDHARY

Decided On September 11, 2023
SANDEEP CHAUHAN Appellant
V/S
Om Prakash Chaudhary Respondents

JUDGEMENT

(1.) By way of instant appeal, the appellant has assailed the order dtd. 16/3/2022, passed by the H.P. Waqf Tribunal, Dharmshala (for short "the Tribunal") in Execution Petition No. 55 of 2015.

(2.) The predecessor-in-interest of respondents No. 1 (a) and 2 (ii) to 2 (iii) and 3 to 5 (hereinafter referred to as the plaintiff) had filed civil suit before the learned District Judge, Kangra at Dharmshala for possession of shop, comprised in khata-khatauni No. 251 min/698, khasra Nos. 919-920, measuring 38-32 square meters at Mohal Palampur-Khas, Tehsil Palampur, District Kangra, H.P. (for short "the suit property") against respondents No. 6 and 7 herein and one Sh. Satish Katoch (for short "defendant Nos. 1 to 3 respectively).

(3.) Plaintiff claimed himself as a tenant in the suit property under defendant No.1. The possession of suit property was alleged to have been taken over by defendants No. 2 and 3 illegally in collusion with defendant No.1. The suit was dismissed by the learned District Judge, Kangra at Dharmshala.