JUDGMENT

Abhay Manohar Sapre, J.

1. This appeal is filed by defendant No.1 against the final judgment and order dated 17.09.2002 passed by the High Court of Punjab & Haryana at Chandigarh in RSA No. 4830 of 1999 whereby the High Court dismissed the appeal filed by the original appellant (defendant No.1) thereby upholding the judgment and order dated 28.10.1999 of the Additional District Judge-I, Faridabad in C.A. No.82 of 1998 which reversed the judgment/decree dated 12.08.1998 passed by the Civil Judge(Jr. Division), Faridabad in Case No. 419 of 1991 which had dismissed the plaintiff’s suit and decreed the counter-claim of defendant No.1 in relation to suit lands.

2. In order to appreciate the controversy raised in the appeal, it is necessary to state the relevant facts hereinbelow.

3. Dharampal-the original appellant herein (since dead and represented now by the present appellants as his legal representatives) was defendant No.1 whereas respondent No.1 herein is the plaintiff and respondent Nos.2 and 3 are defendant Nos. 2 and 3 in the suit out of which this appeal arises.

4. Respondent No.1 (plaintiff) is the Wakf Board registered under the Wakf Act, 1954 (hereinafter referred to