High Court of Punjab and HaryanaCR/4415/2007disposed of

(O&M) Pawan Kumar v. Punjab Wakf Board

2015-05-06Mr. Justice Ramendra Jain1 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Civil Revision No.4415 of 2007 (O&M) Date of decision: 6.5.2015 Pawan Kumar ..... Petitioner

Versus

Punjab Wakf Board, Ambala Cantt.

......Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL

Present:

Mr. Ranjit Saini, Advocate, for the petitioner. Mr. Dinesh Goyal, Advocate, for the Wakf Board. RAJESH BINDAL, J Challenge in the present petition is to the order dated 6.1.2007 passed by the Tribunal under the Wakf Act, 1995 (for short "the Act"), whereby, the suit filed by the Wakf Board seeking eviction of the petitioner from the property in dispute has been decreed with cost. Learned counsel for the petitioner submitted that in terms of the judgments of Hon'ble the Supreme Court in Ramesh Gobindram (dead) through LRs. v. Sugra Humayun Mirza Wakf, 2010(8) SCC 726 and Faseela M. v. Munnerul Islam Madrasa Committee and another, 2014 (2) RCR (Civil) 890, jurisdiction to deal with the cases of eviction of tenants from the wakf property lies in the civil court and not before the Tribunal constituted under the Act.

Learned counsel for the Wakf Board could not dispute the aforesaid fact.

In view of the law laid down by Hon'ble the Supreme Court in the aforesaid cases when the Tribunal did not have jurisdiction to deal with the issue, the order passed by the Tribunal is set aside. The suit filed by the Wakf Board before the Tribunal is directed to be returned back to it with liberty to present the same in the court of competent jurisdiction. The petition stands disposed of.

(RAJESH BINDAL) JUDGE 6.5.2015 sharmila SHARMILA 2015.05.08 17:08 I attest to the accuracy and authenticity of this document.

Chandigarh