KAMLA MOHINI Vs. H. P. WAQF BOARD SHIMLA

JUDGEMENT

(1.) The Revision Petition under Sec. 115 of the Code of Civil Procedure is directed against the judgment and decree dated 30.08.2008, passed by the learned Wakf Tribunal, Kangra District at Dharamshala, whereby the defendants were restrained from raising construction in the suit land, digging the same or in any way changing the nature passing a decree of permanent injunction.

(2.) The respondent is the plaintiff, who filed a suit for permanent injunction on the premise that his land described in Khata/Khatauni No. 27/49, Khasra Nos. 2173, 2182 to 2184 and 2187 to 2190, kita 8 (corresponding to old khasra No. 1004.527=2 kanal 13 Marlas) measuring 705.72 sq. metres was owned and possessed by it. The Government of India in exercise of the powers vested in it under Sec. 5 of the Wakf Act, 1954 (hereinafter referred to as the Act) had published the suit land as Wakf Property under Rule 4 of the Rules framed under the Act as per Gazette of India Notification dated 15.08.1970 (Part III Sec. 4). The suit land was property of mosque. In the Books of the Collector, defendant No.1/petitioner had been recorded owners in possession of the suit land as per the jamabandi for the year 2000-01, whereas the other defendants were strangers to the suit land and the entries indicating defendant No. 1 as owner-in-possession of the suit land were illegal, wrong and not binding on the plaintiff. It was further averred that the defendants were collecting construction material in the suit land on 20.11.2005. Hence, the suit.

(3.) The defendants despite service and despite having been permitted by this Court to file written statement subject to the costs of Rs.10,000.00, but defendant No. 1 did not pay the costs and consequently defence of defendant No. 1 was struck of.