Civil Revision No. 3877 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 3877 of 2009 Date of decision:15th July, 2009 Mohan Singh ......Petitioner Versus Wakf Tribunal and another ......Respondents Before: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Karamvir Singh, Advocate for the petitioner. RAJIVE BHALLA, J. The petitioner challenges an order dated 11.05.2009, passed by the Wakf Tribunal(Additional District Judge, Ferozepur) decreeing the suit for possession filed by the Wakf Board. The Punjab Wakf Board filed a suit, for possession by way of eviction of the petitioner from land measuring 41 kanals and 12 marlas by alleging that the petitioner had occupied the land forcibly. In response to the pleadings in the suit, the petitioner pleaded that the Wakf Board has no locus standi to file the suit after coming into force of the Punjab Village Common Lands(Regulation) Act, 1961, as the land in dispute vests in the Civil Revision No. 3877 of 2009 2 Gram Panchayat. The appellant also submitted that the entry in the Jamabandi reflecting Wakf Board as owner of the suit property is incorrect and should be ignored. On the basis of the aforementioned pleadings, the Tribunal framed the following issues: “1. Whether the defendant is liable to be evicted from the suit property as alleged by the plaintiff?OPP 2. If issue no. 1 is proved whether the plaintiff is entitled to the possession as prayed for?OPP 3. Whether plaintiff has no locus standi to file the present suit?OPD 4. Whether the suit is bad for non joinder and misjoinder of necessary parties?OPD 5. Relief.” After considering the pleadings, evidence adduced and the arguments addressed, the tribunal decreed the suit and directed the petitioner's ejectment. The learned Tribunal held that the petitioner is a trespasser. The locus standi of the Wakf Board to file the suit was upheld on the basis of the revenue record. Counsel for the petitioner submits that as the Gram Panchayat is owner of the land in dispute, the Wakf Board has no locus standi to pray for his ejectment. The petitioner is recorded as gair marusi(tenant), on payment of rent. As a presumption of Civil Revision No. 3877 of 2009 3 truth is attached to revenue entries, the revenue entry should have been accepted by the Tribunal as evidence of the petitioner's tenancy. It is further, argued that as the Rent Controller, appointed by the Wakf Board has admitted that the suit land was given on rent to one Ram Singh, it could not be alleged that land is a gair mumkin kabristan. I have heard counsel for the petitioner, perused the impugned order and find no reason to accept the arguments raised by counsel for the petitioner. The Tribunal has held that the petitioner is a rank tress passer as he has failed to produce any evidence, other than a suspicious entry in a Jamabandi, in support of his alleged status as a tenant. It would be necessary to mention here that a tenancy is preceded by a patanama issued by the Board, followed by a qubuliatnama executed by a tenant or a rent note or a lease deed. The rent paid by a tenant is duly acknowledged by a receipt issued by a Rent Controller appointed by the Wakf Board. The petitioner has failed to produce any such evidence in support of his plea of tenancy. The entry in the Jamabandi, recording the petitioner as a tenant on payment of rent stands rebutted by the failure of the petitioner to produce any lease deed, rent note or rent receipt and was therefore, rightly rejected. The assertion that the land belongs to the Gram Panchayat is contrary to the revenue record and even otherwise, is a plea not available to the petitioner. The petitioner has failed to establish a semblance of a right to remain in possession as he has failed to adduce any Civil Revision No. 3877 of 2009 4 evidence in support of his plea of tenancy. The challenge to the locus standi of the Wakf Board was rightly repelled by reference to the Jamabandi for the year 1959-1960, which records the suit land as a gair mumkin kabristan and the jamabandi for the year 2002-2003 which records the Wakf Board as owner of the suit land. In view of what has been stated here in above, the present petition is dismissed. [RAJIVE BHALLA] JUDGE 15th July, 2009 SKaushik