C.R. No.6301 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.6301 of 2009 Date of Decision: 30.11.2010. Tarsem Singh .....Petitioner Versus Punjab Wakf Board and others ……Respondents Coram:- HON’BLE MR. JUSTICE L. N. MITTAL. Present: Mr.Kuldip Sanwal, Advocate for the petitioner. Mr. S. K. Jain, Advocate for the respondents. L. N. MITTAL, J (ORAL) Tarsem Singh has filed the instant revision petition under Article 227 of the Constitution of India challenging judgment and decree dated 31.07.2008 passed by learned Presiding Officer of the Tribunal under the Wakf Act, Gurdaspur thereby dismissing suit/petition filed by the petitioner under Section 84 of the Wakf Act 1995 (in short, the Act). The petitioner alleged that he is tenant in possession of the suit property under respondent No.1-Punjab Wakf Board. Respondents alleged that presently petitioner is not tenant/lessee of the Wakf Board. Various other pleas were also raised by both the parties. Learned Wakf Tribunal vide judgment and decree dated 31.07.2008 dismissed the suit/petition filed by the petitioner. Feeling aggrieved, the instant revision petition has been preferred under C.R. No.6301 of 2009 -2- Article 227 of the Constitution of India. I have heard learned counsel for the parties and perused the case file. Learned counsel for the parties concede that in view of judgment of Hon'ble Supreme Court in the case of Ramesh Gobindram (dead) through Lrs versus Sugra Humayun Mirza Wakf, 2010(2) RCR (R) 266, Tribunal under the Act has no jurisdiction to try the suit/petition filed by the petitioner. There is considerable merit in this submission. It has been authoritatively laid down by Hon'ble Supreme Court in the case of Ramesh Gobindram (dead) through Lrs versus Sugra Humayun Mirza Wakf, 2010(2) RCR (R) 266 that Tribunal under the Act has no jurisdiction to try such suit/petition. In view of the aforesaid, the instant revision petition is allowed and impugned judgment and decree dated 31.07.2008 passed by the Tribunal under the Act are set aside and plaint/petition is ordered to be returned to the petitioner for presentation before Court of competent jurisdiction. File of the Tribunal under the Act be sent back at once. Petitioner is directed to appear before the Tribunal under the Act at Gurdaspur on 17.01.2011 for receiving back the plaint/petition. 30.11.2010. ( L. N. MITTAL ) A. Kaundal JUDGE