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2017 Supreme(P&H) 2045

AMIT RAWAL
Pritpal Singh – Appellant
Versus
Tribunal Wakf Act, Ludhiana – Respondent


Advocates:
For the Petitioners (in CWP No.9906 of 2009):- Mr. Liaqat Ali, Advocate
For the Petitioners (in CR No.5070 of 2011):Mr. Abhishek Bhardwaj, Advocate, for Mr. H.S.Brar, Advocate.
For the Wakf Board:Mr. G.N. Malik, Advocate.

JUDGMENT

Mr. Amit Rawal, J.: (Oral)- This order of mine shall dispose off one writ petition bearing No.9906 of 2009 and one revision petition bearing No.5070 of 2011, at the instance of the respondent/defendants in a civil suit filed by the Wakf Board by invoking the jurisdiction of the Wakf Tribunal under Section 83 of the Wakf Act, 1995 (hereinafter referred to as “1995 Act”) on the premise that the provisions of Section 6 and 7 of the Act regarding the title of the property are in dispute.

2. Mr. Liaqat Ali and Mr. Abhishek Bhardwaj, learned counsels appearing on behalf of the petitioners submit that predecessors-in-interest of the petitioners were inducted as tenants by virtue of the lease deed and the rent in lieu thereof, had been paid. However, on account of default payment of the chakota/rent, the suit aforementioned was filed. The Tribunal decided the matter by treating the suit for possession and mesne profit on the premise that it would have the jurisdiction to deal with the eviction of the tenant. They further submit that in view of the law laid down by the Hon’ble Supreme Court in Bhanwar Lal and another v. Rajashthan Board of Muslim Wakf and others 2013(4) RCR (Civil)














































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