Petitioner sought to frame additional issues in a suit for possession after evidence was complete. Court held existing issues (ownership and possession) were sufficient and dismissed the petition.
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Civil Revision No. 1395 of 2012
(1)
IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
Civil Revision No. 1395 of 2012 (O&M)
Date of decision : 2.3.2012
Punjab Wakf Board, Chandigarh
..... Petitioner
vs
Sita Ram and others
..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Ms. Neelofer Abida Perveen, Advocate, for the petitioner.
Rajesh Bindal J.
Challenge in the present petition is to the order dated 15.2.2012 passed by the learned Wakf Tribunal, whereby the application filed by the petitioner for framing of additional issues, was dismissed.
The proceedings arise out of a suit filed by the petitioner-Wakf Board for possession of the property. After the entire evidence was led, the application in question was filed seeking framing of additional issues. The same having been rejected, the petitioner-Board is before this court.
Learned counsel for the petitioner submitted that the suit was filed by the petitioner before the Tribunal claiming that the Board being owner of the land is entitled to get the possession from the respondents, who are in illegal possession. The stand of the respondents in the written statement was that either they are owners of the property in question on the basis of sale-deeds registered in their favour and in the alternative they have become the owners thereof on the basis of adverse possession. Once a plea of adverse possession of the property in question had been raised by the defendants in the written statement, the additional issues would be necessary. The same will not prejudice the respondents as the Tribunal will be able to decide the dispute effectively.
Civil Revision No. 1395 of 2012
(2)
After hearing learned counsel for the petitioner, I do not find any merit in the submissions made.
The case set up by the petitioner in the suit is that the petitioner-Board is the owner of the property in dispute and possession thereof was claimed pleading that the respondents are in illegal possession thereof. In defence, the respondents have pleaded that either they are owners of the property in dispute on the basis of sale-deeds registered in their favour or in the alternative they have become owners on the basis of adverse possession. The claim made by the petitioner in the suit can effectively be dealt with under the issue nos. 1 and 2 already framed by the learned Tribunal, which are as under:-
Entire evidence has already been led by both the parties and the case is at the final stage.
For the reasons mentioned above, I do not find any merit in the present petition. The same is, accordingly, dismissed.
2.3.2012
vs.
1 issue framed by the court
Whether framing of additional issues is necessary when the existing issues cover ownership and possession claims and evidence is already complete.
Punjab Wakf Board, Chandigarh
Sita Ram and others
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
