Revision petition allowed holding that the Wakf Tribunal lacked jurisdiction to try the suit since the land is Wakf property. Impugned judgment quashed and plaint returned to petitioner.
Impugned judgment and decree set aside; plaint returned to plaintiffs for presentation in competent jurisdiction.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Revision No. 6181 of 2008 Date of decision : September 19, 2013
Jyoti Parsad and others
....Petitioners
versus
The Punjab Wakf Board and another
....Respondents
Coram: Hon'ble Mr. Justice L.N. Mittal
Present : Mr. Vijay S. Kajla, Advocate, for the petitioners Mr. Sandeep Punchhi, Advocate, for the respondents
L.N. Mittal, J. (Oral)
Plaintiffs have filed this revision petition under section 83 of the Wakf Board Act, 1995 read with Article 227 of the Constitution of India challenging judgment and decree dated 23.8.2008 Annexure P/9 passed by learned Wakf Tribunal, Karnal (Additional District Judge) thereby dismissing the suit filed by the petitioners.
I have heard counsel for the parties and perused the case file.
It is not in dispute that the suit land is Wakf property vesting in respondent no. 1-Punjab Wakf Board. In view thereof, counsel for both the parties have stated that the Wakf Tribunal had no jurisdiction to try the suit,
Tiwana Dalbir Singh 2013.09.20 10:49 I attest to the accuracy and integrity of this document. High Court, Chandigarh
Civil Revision No. 6181 of 2008
-2-
as held by Hon'ble Supreme Court in Ramesh Gobindram (dead) Through LRs versus Sugra Humayun Mirza Wakf, 2010(2) Rent Control Reporter 266.
In view of the aforesaid, without going into merits of the case, the instant revision petition is allowed. The impugned judgment and decree Annexure P/9 passed by the Wakf Tribunal are set aside and the plaint is ordered to be returned to the plaintiffs for presentation in court of competent jurisdiction. Record of the Wakf Tribunal be sent back at once. Petitioners are directed to appear before the Wakf Tribunal on 21.10.2013 for receiving back the plaint.
( L.N. Mittal ) September 19, 2013 Judge 'dalbir'
Tiwana Dalbir Singh 2013.09.20 10:49 I attest to the accuracy and integrity of this document. High Court, Chandigarh
1 issue framed by the court
Whether the Wakf Tribunal had jurisdiction to try the suit as it was regarding Wakf property.
Colour shows how this judgement treated each authority
Ramesh Gobindram (dead) Through LRs versus Sugra Humayun Mirza WakfApplied¶17
Ramesh Gobindram (dead) Through LRs versus Sugra Humayun Mirza Wakf, 2010(2) Rent Control Reporter 266
2 provisions across 2 enactments
Jyoti Parsad and others
The Punjab Wakf Board
L.N. Mittal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
