C.R. No.3892 of 2008 -1- ***** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.3892 of 2008 (O&M) Date of decision:01.11.2010 Punjab Wakf Board ...Petitioner Versus Darbari Lal and another ...Respondents CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. Kamal Goyal, Advocate, for the petitioner. Mr. RPS Ahluwalia, Advocate, for the respondents. ***** RAKESH KUMAR JAIN, J. (ORAL) This revision petition has arisen out of an order passed by the Presiding Officer, Wakf Tribunal, Amritsar [for short “Tribunal”] dated 16.05.2008 by which suit for possession by way of ejectment filed by the petitioner Wakf Board, has been dismissed. Learned counsel for the petitioner submits that, in any case, the Wakf Tribunal does not have the jurisdiction to decide the lis between the parties in view of a decision of the Supreme Court in the case of Ramesh Gobindram (deceased by LRs.) Vs. Sugra Humayun Mirza Wakf, AIR 2010 Supreme Court 2897, in which it has been held that “a suit seeking eviction of the tenants from what is admittedly wakf property could, therefore, be filed only before the Civil Court and not before the Tribunal”. He further submits that since the petitioner has been agitating before a wrong forum which does not have the jurisdiction as per law declared by the Supreme Court in the case of Ramesh Gobindram (supra), therefore, the impugned order may be set aside and liberty may be granted C.R. No.3892 of 2008 -2- ***** to file the suit before the appropriate forum having the jurisdiction to decide it. Learned counsel for the respondents submits that he has no objection if the impugned order is set aside. In view thereof, the present revision petition is allowed and the impugned order is set aside on the ground that the Tribunal had no jurisdiction to decide the lis between the parties. The petitioner may, if so advised, take up its remedies in accordance with law. November 01, 2010 (RAKESH KUMAR JAIN) vinod* JUDGE