C.R. No. 740 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 740 of 2009 Date of Decision: August 25, 2009 Karnail Singh and another …..Petitioners Vs. Haryana Wakf Board …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. Jagdish Manchanda, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) Counsel for the petitioners claims that the defendant- petitioners are tenant on the Wakf land but the trial Court while deciding issue No.1, in para 21 has held contrary, i.e. the plaintiff- respondent Board is not owner of the suit property and defendants are owners of the suit property without payment of any rent. In para 24 of the judgment, the trial Court has held that plaintiff- respondent Board is owner of the suit property and the defendant- petitioners are in unauthorized and illegal possession C.R. No. 740 of 2009 [2] over the suit land as such they are not entitled to raise any constructions on the suit property. Counsel for the petitioners has further submitted that the petitioners do not want to raise any construction under issue No.3-A. The trial Court while deciding, “whether the petitioners have disobeyed the order of the Court dated April 12, 2007, has held that the plaintiff- respondent has not been able to prove the fact that any construction was raised by the defendant- petitioners after the issuance of injunction order. In view of the above circumstances, there is no ground for interference in the decree passed against the defendant- petitioners restraining them from raising any type of construction over the property. However, in view of the apprehension of the petitioners that on the basis of the observation in para 24 of the judgment, the plaintiff- respondent Board may file proceedings for eviction of the petitioners, in the interest of justice, it is made clear that the abovesaid observation has been made in context to the right of the plaintiff- respondent to seek injunction. In case any subsequent suit is filed by the plaintiff- respondent Board, the defendant- petitioners will be entitled to raise the legal pleas available to them besides having right to independently challenge any such rule on merits. The revision petition is disposed of. August 25, 2009 (M.M.S.BEDI) sanjay JUDGE