High Court of Punjab and HaryanaCR/4972/2009disposed of

(O&M) Punjab Wakf Board v. Gurcharan Kaur And ORS.

2015-05-06Mr. Justice Ramendra Jain1 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Civil Revision No.4972 of 2009 (O&M) Date of decision: 6.5.2015 Punjab Wakf Board ..... Petitioner

Versus

Gurcharan Kaur and others ......Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL

Present:

Mr. Denesh Goyal, Advocate, for the petitioner. None for the respondents.

RAJESH BINDAL, J Challenge in the present petition is to the order dated 1.4.2009 passed by the Tribunal under the Wakf Act, 1995 (for short "the Act"), whereby, the suit for possession filed by the Wakf Board seeking ejectment of the respondents has been decreed, but the claim made by the Wakf Board regarding recovery, has been dismissed.

Learned counsel for the petitioner fairly 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.

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 2015.05.14 10:37 I attest to the accuracy and authenticity of this document.

Chandigarh