C.R.No.1096 of 2009 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.1096 of 2009 Date of Order: 28.1.2011 Dev Mishra .....Petitioner Vs. Punjab Wakf Board and others .....Respondents CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Kul Bhushan Sharma, Advocate for the petitioner. Mr. G.S. Sandhawalia, Advocate for respondent Nos.1 to 3. Mr. N.S. Shekhawat, Advocate for respondent Nos.4 & 5. JASWANT SINGH, J (ORAL) Plaintiff-petitioner has filed this revision petition under Section 115 CPC against the judgment and decree dated 11.11.2008 passed by the learned Wakf Tribunal whereby the suit filed by the petitioner for declaration with consequential relief of permanent injunction against the respondents-defendants i.e Punjab Wakf Board and others has been dismissed. In the suit, primary dispute was as to whether the plaintiff- petitioner being tenant had right to retain possession. It is not in dispute between the parties that Hon'ble the Supreme Court in its judgment titled as Ramesh Gobindram (dead) through Lrs v. Sugra Humayun Mirza Wakf passed in Civil Appeal No.1182 of 2006, has held that the Wakf Tribunal did not have the jurisdiction in respect of subject matter of the present suit. C.R.No.1096 of 2009 #2# Learned counsel for the parties are further agreed that in view of the mandate of the judgment on the facts of this case, impugned judgment and decree dated 11.11.2008 passed by the learned Wakf Tribunal is not sustainable as the learned Tribunal did not have jurisdiction to do so. In view of the said fact, judgment and decree passed by the Wakf Tribunal is not sustainable. Consequently, said judgment and decree are set aside. The matter is remitted back to the learned District Judge for entrustment of the suit to the Court of competent jurisdiction. The said Court shall decide the suit on merits in accordance with law from the stage prior to the passing of the final judgment and decree. Disposed of. January 28, 2011 ( JASWANT SINGH ) manoj JUDGE