PARAMJIT KAUR Vs. HARYANA WAKF BOARD
LAWS(P&H)-2022-9-219
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 20,2022

PARAMJIT KAUR Appellant
VERSUS
Haryana Wakf Board Respondents

JUDGEMENT

HARKESH MANUJA, J. - (1.)Present revision petition has been filed against the order dtd. 2/12/2016 (Annexure P-1) passed by the Court of learned Additional District Judge, Ambala, exercising the power of Wakf Tribunal, whereby, an application for seeking permission to lead additional evidence, filed at the instance of the petitioners-plaintiffs, has been dismissed.
(2.)In the present case, the petitioners filed a suit for declaration, claiming themselves to be the owners in possession of the suit property. They also sought declaration qua notices having been served upon them by the respondent-Board, regarding eviction. The suit was filed in the year 2012, thereafter, the issues were framed and the matter was fixed for recording the evidence of the petitioners, which was concluded somewhere in the year 2015. While the matter was listed for rebuttal and arguments, an application was filed on behalf of the petitioners-plaintiffs, seeking permission to lead additional evidence in the shape of revenue record so as to support their plea qua title over the suit property and to rebut the ownership of the respondent-Wakf Board. It is the said application, which has been dismissed by the learned Tribunal primarily on account of delay and also for want of due diligence on the part of petitioners.
(3.)Learned counsel for the petitioners submits that the revenue record sought to be produced by way of additional evidence goes to the root of the matter as the same would help the court to adjudicate upon the controversy involved therein, which revolves around the ownership/title of the suit property. He further submits that despite due diligence as the petitioners could not produce the aforesaid revenue record, as the factum of cutting in the revenue record came to their notice only when a certified copy of jamabandi for the year 1989-90 was obtained by them.


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