JEET MOHAMMED Vs. JITENDER KAUR

JUDGEMENT

(1.) This revision under Section 83(9) of the Wakf Act, 1995 is directed against the order dated 4-8-2003 of the Wakf Tribunal, for Kangra, Hamirpur, Kullu, Una, Lahaul Spiti and Chamba Districts at Dharamsala.

(2.) Briefly stated the facts of the case are that the petitioner alleging himself to be the Pradhan of Jamait-E-Isklam Committee, Raja-Ka-Talab, Tehsil Nurpur, District Kangra, H. P., filed a suit for permanent injunction for restraining the defendant from raising any construction on cutting or removing trees from or in any manner alienating the land comprised in Khasra No. 1093, khata No. 340, Khatauni No. 643, measuring 0-47-30 hectares, situate in Mohal and Mauza Bari, Tehsil Nurpur, District Kangra, H. P. This suit was later on transferred to the Wakf Tribunal since the civil Court had no jurisdiction to entertain the same.

(3.) The grievance of the petitioner was that the suit land is recorded in the ownership of Punjab Wakf Board - defendant No. 2. According to him, the suit land is a graveyard and therefore, defendant No. 2 has no right to alienate or transfer the same. According to him, the defendant No. 2 is now threatening to alienate the suit land and transfer the same to defendant No. 1.