AMIT RAWAL, J.(Oral)

The appellant-plaintiff is aggrieved of the findings rendered by the Courts below on issue No.11 holding that the jurisdiction of the Civil Court to eject the respondent-defendants being Gair Marusi on payment of rent was not maintainable.

Mr.Jai Bhagwan, learned counsel appearing on behalf of appellant-plaintiff submits that the suit for possession was filed against the respondent-defendant in respect of the property measuring 9 kanal 12 marlas comprising khasra No.249, situated at village Tung Pain Suburban, Batala Road, Amritsar as the same was dedicated to Muslims for worship. The said property was notified in the Government Gazette Notification dated 09.01.1971 as a wakf property and, therefore, the possession of the respondent being a trespasser and accordingly suit, with aforementioned relief was filed. However, the Courts below rendered the findings on the other issues holding the property to be Wakf property, non-suited the plaintiff on the ground that Civil Court in view of the provisions of Section 9 of the Punjab Security of Land Tenures Act, 1953 (in short 1953 Act') had no jurisdiction. He submits that the judgment rendered by both the Courts below

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