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RSA-226-2017 (O&M) - 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

238 RSA-226-2017 (O&M)

Date of decision: 28.01.2026

Punjab Wakf Board ...Appellant(s)

Vs.

Satish Kumar and others ...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA

Present:- Mr. Ghulam Nabi Malik, Advocate for the appellant.

Mr. Anil Kumar, Advocate and

Mr. Raj Kumar Gupta, Advocate

for respondent No.1.

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NIDHI GUPTA, J.

Plaintiff is in Second Appeal against the concurrent

judgments and decrees of the learned District Courts; whereby suit filed

by the appellant for possession of the house situated in Satnam Nagar,

Near New Grain Market Road, Jalandhar, comprised over area measuring

177.77 square yard existed over khasra no.944, khewat no.195, Khatauni

no.217 to 220 (hereinafter referred to as “suit property”), as entered in

the jamabandi of the year 2004-05, shown red in colour in site plan

attached and bounded as: East: Wakf Property under the illegal

possession of Tejinder Soap Factory; West: Street North: Wakf Property

under the illegal possession of Kulwant Kaur; South: Wakf property under

the illegal possession of Gurcharan Singh; and for recovery of mesne pro

and for grant of permanent injunction, has been dismissed by both the

Courts below.

DIVYANSHI

2026.01.30 10:39

I attest to the accuracy and

integrity of this document

RSA-226-2017 (O&M) - 2 -

2. It was the pleaded case of the appellant that suit property is

owned by Punjab Wakf Board. It was averred that the suit property is

comprising in khasra No. 944 and is a Mohammadan Graveyard and was

used as such before and after partition of country. Most of the Muslims of

the area migrated to Pakistan and defendants and other occupants had

illegally occupied the Wakf property at different times. It was alleged that

in 1995, defendant No. 2 had applied for getÝng the property in dispute

on lease but later in connivance with defendants No.1 and 3 had taken

illegal possession of the Wakf property. Thus, defendant No.2 is in illegal

occupation and defendants No.1 and 3 are also claiming their rights in the

wakf property. As such, plaintiff is entitled to mesne profit from the

defendants. It was further pleaded that defendants are threatening to

transfer the possession of the suit property despite the fact that plaintiff

had requested defendants to handover the vacant possession of suit

property and to pay mesne profits, but defendants had refused to do so.

With these pleadings, present suit was filed on 09.12.2010.

3. Upon appraisal of the pleadings and the evidence led by the

parties, the learned Civil Judge (Junior Division), Jalandhar had dismissed

the suit of the plaintiff vide judgment and decree dated 28.08.2015. The

Civil Appeal filed by the plaintiff was dismissed by the learned Additional

District Judge, Jalandhar vide judgment and decree dated 16.08.2016.

Hence, the present second appeal by the plaintiff.

4. It is, inter alia, submitted by learned counsel for the

appellant-Board that at the time of filing of the suit on 09.12.2010 as per

DIVYANSHI

2026.01.30 10:39

I attest to the accuracy and

integrity of this document

RSA-226-2017 (O&M) - 3 -

the prevalent legal position, in respect of the issue regarding the ‘title’ of

Wakf property, the jurisdiction lay with the learned Wakf Tribunal.

However, in respect of ‘possession’ of the suit house, the civil suit is

maintainable. Accordingly, the appellant had preferred the instant civil

suit seeking possession of the suit house. It is contended that vide

impugned judgments and decrees both the learned District Courts have

given findings regarding title of the suit house; which could not have been

done by the Civil Courts as the jurisdiction lay with the Wakf Tribunal. It is

submitted that as per the present disposition of law qua Wakf property,

whether in respect of title or possession, the same are to be settled by the

Wakf Tribunal. It is accordingly prayed that the present appeal be allowed

and matter be referred to the Wakf Tribunal.

5. Per contra, learned counsel for the