CR No.5100 of 2007 - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.5100 of 2007 Date Of Decision: 23.09.2009 **** M/s. Vishavkarma Charitable Trust . . . . Petitioner VS. Punjab Wakf Board and another . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. V.G. Dogra, Advocate for the petitioner Mr. Jai Bhagwan, Advocate for the respondent No.1 Mr. Pardeep Bajaj, Advocate for Mr. R.S. Khosla, Advocate for respondent No.2 ***** SURYA KANT J. (ORAL) This Revision Petition is directed against the order dated 11.09.2007 passed by the Additional District Judge, Jalandhar-cum- Tribunal under the Wakf Act, whereby the petitioner-defendant’s prayer to lead rebuttal evidence questioning the genuineness of the notification dated 5th June, 2006 tendered in evidence by the Wakf Board, has been declined. The subject suit has been filed by the Punjab Wakf Board for declaration of its ownership over the suit land. The petitioner-Trust is arrayed as defendant No.2. During the pendency of the suit, the Wakf Board is stated to have issued a notification dated 21st July, 2006 declaring the suit property as Wakf property. The petitioner-defendant wants to lead evidence to dislodge the presumption of correctness CR No.5100 of 2007 - 2 – attached to the said notification under Section 81 of the Evidence Act. In my considered view, the petitioner-defendant is entitled to lead evidence in rebuttal and prove that the notification dated 21.07.2006 has not been issued by following the procedure as laid down under the Statute. For the reasons afore-stated, the Revision Petition is allowed; the impugned order dated 11.09.2007 is set aside and the petitioner- defendant’s prayer to summon the officials of the respondent-Wakf Board in rebuttal evidence in order to prove that the subject notification has not been issued by following the prescribed procedure, is accepted. The Tribunal shall permit the petitioner to summon the officials of the Wakf Board through the Court process. In case the respondent-Wakf Board undertakes to produce the official witnesses along with relevant records, in that even not more than one opportunity shall be granted to the petitioner-defendant to lead the evidence in rebuttal. Disposed of. Dasti. (SURYA KANT) JUDGE 23.09.2009 shonkar