In the High Court of Punjab and Haryana at Chandigarh Civil Revision No. 6353 of 2010 (o&m) Date of Decision: November 26, 2010 Om Parkash ---Petitioner versus Rajbir Singh and another ---Respondents Coram: HONBLE MR. JUSTICE GURDEV SINGH *** Present: Mr.R.A.Sheoran, Advocate, for the petitioner *** GURDEV SINGH, J. Heard. This revision petition under Article 227 of the Constitution of India has been preferred under Section 83(9) of the Wakf Act, 1995 (hereinafter referred to as “the Act”) against the judgment and decree dated 29.7.2010 passed by Wakf Tribunal, Biwani(presided over by Additional District Judge), vide which the suit filed by the petitioner-plaintiff for prohibitory injunction restraining the respondents-defendants from interfering in his possession or creating any kind of obstruction in his cultivating possession of the land in dispute measuring 86 Kanals 14 Marlas situated in village Akbarpur, Tehsil Loharu, District Bhiwani, was dismissed. It was held by the Wakf Tribunal that before filing the suit, the plaintiff was required to serve a notice under Section 89 of the Act and in Civil Revision No. 6353 of 2010 (o&m) -2- the absence of such a notice, suit itself was not maintainable. The serving of notice was mandatory before maintaining the suit before the Wakf Tribunal. Without the issuance of such a notice, it cannot be said that the plaintiff had any cause of action to file the suit. When such is the position, the judgment and decree so passed by the Wakf Tribunal cannot be interfered with. Revision petition is dismissed accordingly. (GURDEV SINGH) JUDGE November 26, 2010 PARAMJIT