Judgment :-

A.K. Sikri, J.

1. The petitioner is the original plaintiff. It is a Wakf Board which had filed Civil Suit in the Court of Civil Judge, Junior Division, Karnal, Haryana way back in the year 2000 seeking possession of property admeasuring 21 square yards which was allegedly given on rent by the Wakf Board to one Major Ram Prakash. This piece of land is a part of Khasra No.4129, Kasba Karnal, Haryana. The petitioner claims that the entire land is a Muslim graveyard land and hence the same is Wakf property. The entire Khasra measures 800 square yards and is given on lease to different persons by different allotment letters. As stated above, 21 square yards out of this land was given to Major Ram Prakash on monthly rent vide allotment letters dated 1.9.1969. The petitioner also claims that the suit property was formally notified under Section 5 (2) vide Notification dated 19.12.1970 of the Wakf Act, 1954 as Wakf property. After the death of Major Ram Prakash, his son Gurcharan Singh and his widow Smt. Savitri Kadyan executed a long term lease in favour of the present defendant/respondent Shri Mahesh Kumar in the year 1991 and put him in possession. As per the case of the petitioner, the petitioner came to know about this alleged illegal creation of lease deed in favour of the respondent in the year 1996 and treated it as illegal encroachment by the respondent. The petitioner requested him to vacate the premises. When he did not do so, the aforesaid suit was filed in the Court of Civil Judge, Junior Division, Karnal, Haryana for possession of the suit property.

2. The respondent appeared and filed the written statement raising several preliminary objections regarding maintainability of the suit. Apart from stating that the suit was bad for non-joinder of necessary party, lack of locus standi and barred of principle of estoppel, it was also barred by limitation. On merits, the respondent stated that he was in possession of the suit property for the last 10 years as a tenant of Smt. Nirmala Devi and it is Nirmala Devi who was the lessee of the property vide a registered lease deed and the suit property was not wakf property.

3. On the pleadings of the parties, following issues were framed:

1. Whether the plaintiff is entitled to decree of possession, as prayed for? OPD

2. Whether the suit of the plaintiff is not maintainable in its present form: OPD

3. Whether the suit is bad for mis-joinder and non-joinder of necessary parties? OPD

4. Whether the plaintiff has no locus standi to file the present suit? OPD

5. Whether the suit is time barred? OPD

6. Relief.

4. Both the parties led their evidence in support of their evidence. After hearing the counsel for either side, the trial court decreed the suit vide judgment and decree dated 30th May 2007 holding that the lease agreement dated 2.5.1991 executed by Savitri Devi, widow of Major Ram Prakash in favour of Nirmala Devi for a period of 99 years was bad in law inasmuch as Savitri Devi was predecessor in interest of Major Ram Prakash as his widow to whom the property was rented out by the petitioner. Therefore, she was not capable of entering into such lease deed in favour of Nirmala Devi and in turn Nirmala Devi had no right to put the respondent in possession by executing any lease in his favour. The trial court also recorded categorical finding that Wakf Board had by clear, cogent and consistent evidence proved its title over the land in question and it is the Wakf Board who was the actual owner of the suit property.

5. The respondent challenged the aforesaid judgment and decree by filing First Appeal under Section 96 of the Code of Civil Procedure, before the Additional District Judge, Karnal which was registered as Civil Appeal No.49/2007. The learned Additional District Judge decided the said appeal vide his judgment dated 15.6.2009. Deciding the question of maintainability and locus standi, in respect of which issue nos. 2 and 4 were framed, the first appellate court held that since