High CourtsSingle Bench

Hans Raj vs Haryana Wakf Board, Ambala Cantt

Punjab And Haryana At Chandigarh · Decided on 2 November 2012 · Citation: (2012) 11 P&H CK 0046

HON’BLE JUDGES
L.N. Mittal, J
ACTS & SECTIONS REFERRED
Waqf Act, 1995 — Section 83(9)
RESULT
Allowed
CASE NUMBER
Civil Revision No. 7974 of 2010
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Judgment

3 paragraphs · 172 words

L.N. Mittal, J.—By filing this revision u/s 83(9) of the Wakf Act, 1995 (in short, the Act), defendant Hans Raj has assailed judgment and decree dated 21.7.2010 passed by learned Additional District Judge, Yamuna Nagar at Jagadhri as Tribunal under the Act, thereby decreeing suit filed by respondent/plaintiff Haryana Wakf Board for possession of the suit property. I have heard learned counsel for the parties and perused the case file.

2.

I need not go into merits of the case for the simple reason that the Tribunal under the Act had no jurisdiction to entertain and decide the suit in view of ratio of law laid down by Hon''ble Supreme Court in the case of Ramesh Gobindram (dead) through Lrs. Vs. Sugra Humayun Mirza Wakf,

3.

Accordingly, the instant revision petition is allowed. Impugned judgment and decree of the Tribunal are set aside and plaint is ordered to be returned to respondent/plaintiff for presentation in court of competent jurisdiction. Respondent/plaintiff may appear before the Tribunal on 4.12.2012 to receive back the plaint.