2010(1) LAW HERALD (P&H) 580
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Sham Sunder
R.S.A. No. 861 of 1993
Dalipa @ Dhakkar Shah
v.
Punjab Wakf Board (A Corporate Body) Ambala Cantt.,
through its Secretary/Ex. Officio, Mutawali.
{Decided on 01/12/2009}
For the Appellant: Mr. Vikas Singh, Advocate, with Ms. Anjali Khosla, Advocate.
For the Respondent: Mr. S.K. Pipat, Senior Advocate, with Mr. Ramanjeet Singh, Advocate,
(A) Wakf Act, 1995--Wakf Property--Ownership--Wakf Board proved to be owner of property in dispute vide notification alongwith list of wakf properties--No evidence produced as to how ownership from Wakf Board to ‘Shamlat Deh’ in respect land changed in subsequent Jamabandi and Khasra girdawris--No reliance could be placed on Jamabandi and Khasra girdawris--Held, that Wakf Board is owner of property in dispute. (P.12)
(B) Evidence Act, 1872, S.116--Estoppel--Title--Defendant claimed himself to be lessee in property--Even he admitted in cross examination that he had been paying lease money to plaintiff--He is estopped from denying title of her owner/landlord during subsistence of such lease. (P.13)
(C) Wakf Act, 1995--Tenancy--Termination of--Title--Encroachment--Defendant claimed himself to be lessee of property in dispute--Denied title of his owner in respect of property--His tenancy stood automatically terminated--Plaintiff entitled to decree for possession. (P.13)
(D) Wakf Act, 1995--Wakf Property--Encroachment--Possession--Jurisdiction--Civil Court--Property in dispute proved to be in ownership of Wakf Board vide notification accompanying details of wakf properties--Civil Court competent to entertain and try suit for possession. (P.13)
