ABDUL GAFOOR Vs. GURCHARAN SINGH AND ORS.
LAWS(P&H)-2016-2-1
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 02,2016

ABDUL GAFOOR Appellant
VERSUS
Gurcharan Singh and Ors. Respondents


Referred Judgements :-

PUNJAB WAKF BOARD VS. SANATAM DHARAM BOYS HIGHER SECONDARY SCHOOL HANSI [REFERRED TO]
PUNJAB WAKF BOARD VS. KARTAR SINGH [REFERRED TO]
PUNJAB WAKF BOARD AMBALA CANTT. VS. NATHA SINGH [REFERRED TO]
BOARD OF MUSLIM WAKFS RAJASTHAN VS. RADHA KISHAN [REFERRED TO]


JUDGEMENT

Raj Mohan Singh, J. - (1.)Plaintiff Abdul Gafoor is in second appeal against the judgment and decree dated 17.10.1988 passed by Additional District Judge, Gurdaspur whereby appeal filed by defendants No. 1 and 2 against the judgment and decree dated 20.03.1987 passed by Sub Judge, Ist Class, Gurdaspur was accepted.
(2.)Plaintiff filed suit for possession of land measuring 12 Kanals out of 29 Kanals 10 Marlas on the basis of lessee/tenancy under the Punjab Wakf Board - defendant No. 3. Plaintiff alleged that land in question was owned by Punjab Wakf Board and tenancy was created in his favour in respect of 29 Kanals 10 Marlas of land including the suit land. Defendants took forcible possession of the land despite knowing the fact that plaintiff was tenant over the land under Wakf Board since 1970 -1971 and was paying rent regularly.
(3.)Suit was contested by the defendants on all counts including ground of maintainability of suit, locus standi and non - joinder of necessary parties and jurisdiction of the Civil Court.


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