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2018 Supreme(P&H) 4440

AMIT RAWAL
Punjab Wakf Board – Appellant
Versus
Sat Pal Gupta (since Deceased) Through Lrs – Respondent


Advocates Appeared:
Mr. G.S. Bhatia, Advocate, for the Appellant; Mr. Kunal Vinayak, Advocate for Mr. S.K. Bansal, Advocate, for the Respondent

JUDGMENT

Amit Rawal, J. (Oral) - The Punjab Wakf Board is in appeal against the concurrent finding of fact whereby the suit seeking possession by way of ejectment of the respondent has been dismissed on technical ground of not having valid resolution or authority.

2. The facts as pleaded in the suit and defence of the defendants are not disputed. However, brief facts are described herein below.

3. Wakf Board claiming ownership of the suit property sought possession of the same by way of ejectment on the premise that tenancy of defendants was terminated.

4. The suit aforementioned was filed through Secretary Sh. K. Sheikh Ahmad. It was averred that the suit property/plot comprising of khasra No.3923 situated in the area of Patti Musalmanan, Sonepat was rented out to defendants on monthly rent of Rs. 20/- per month.

5. The defendants contested the suit by raising the plea of tenancy to be of permanent nature, much less, the same was not terminated in a legal manner. Even the suit was not filed by duly authorized person. It was averred that in the year 1952, the suit property was leased out to Faquir Chand, father of the defendant No.1, who had constructed a portion of Sarang Cinema an

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