Civil Revision No.4743 of 2010(O & M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.4743 of 2010(O & M) Date of Decision:24.09.2010 Punjab Wakf Board, Jalandhar .....petitioner Versus Gram Panchayat & Ors. .....respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG 1.Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr.Avinash Jain,Advocate for Mr.B.R.Mahajan, Advocate for the petitioner **** RAKESH KUMAR GARG J.(ORAL): This is plaintiff's revision petition challenging the order of Wakf Tribunal, whereby its suit for grant of permanent injunction restraining the respondent-defendants from taking forcibly possession of the suit land, has been dismissed. While dismissing the suit, the Tribunal has held that the petitioner has failed to prove that the property belongs to Wakf. Hon'ble Supreme Court of India in the case of Gobindram (dead) through LRs v. Sugra Humanyu Mirza Wakf, authoritatively laid down that the right, title or interest of a non Muslim in a wakf property cannot be decided by the Wakf Tribunal and in such cases only the civil Court has the jurisdiction. In view of the aforesaid judgment of the Hon'ble Supreme Civil Revision No.4743 of 2010(O & M) 2 Court, the suit filed by the petitioner itself was not maintainable before the Tribunal. Thus, no interference is warranted in the present revision petition as the impugned order is without any jurisdiction. The petitioners are at liberty to avail an appropriate remedy before the competent Civil Court with regard to redressal of their grievances in accordance with law. Disposed of. (RAKESH KUMAR GARG) JUDGE 24.09.2010 neenu