Malook Singh vs Hareyana Wakf Board Ambala Cantt

Jaswant Singh, J.—Defendant-Petitioner has filed this revision petition u/s 89(3) of the Wakf. Act 1995 against the judgment and decree dated 27.10.2009 passed by the learned Wakf Tribunal whereby the suit filed by the Respondent-Haryana Wakf Board for possession by way of ejectment of Defendant-Petitioner and recovery of mesne profits has been decreed entitling the Plaintiff-Respondent to receive the pendente lite mesne profits for use and occupation from 1.7.2006 to 30.6.2009, which comes to Rs. 37,059/- at the rate of Rs. 635/- per kanal per year besides the future mesne profits at the same rate.

During the pendency of the present petition, Petitioner expired on 15.2.2010 and his legal representatives were directed to be impleaded as party vide order dated 17.3.2010 passed by this Court.

In the suit, primary dispute was as to whether the Defendant-Petitioner being tenant had right to retain possession.

It is not in dispute between the parties that Hon''ble the Supreme Court in its judgment titled as Ramesh Gobindram (dead) through L.Rs. v. Sugra Humayun Mirza Wakf passed in Civil Appeal No. 1182 of 2006, has held that the Wakf Tribunal did not have the jurisdiction in respect of subject matter of the present suit.

Learned Counsel for the parties are further agreed that in view of the mandate of the judgment on the facts of this case, impugned judgment and decree dated 27.10.2009 passed by the learned Wakf Tribunal is not sustainable as the learned Tribunal did not have jurisdiction to do so.

In view of the said fact, judgment and decree passed by the Wakf Tribunal is not sustainable. Consequently, the judgment and decree dated 27.10.2009 are set aside and the plaint is returned to the Wakf. Board. The matter is remitted back to the learned District Judge, Kurukshetra for entrustment of the suit to the Court of competent jurisdiction. The said Court shall decide the suit on merits in accordance with law from the stage prior to the passing of the final judgment and decree. Parties are directed to appear before the learned District Judge on 18.4.2011.

Disposed of.