Civil Revision No. 6310 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 6310 of 2009 (O&M) Date of decision: 12.07.2010 Ashok Kumar Sood ....Petitioner Versus The Punjab Wakf Board, Ambala Cantt ....Respondent CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. Sandeep Khunger, Advocate, for the petitioner. Mr. S.K. Jain, Advocate, for the respondent. ***** VINOD K. SHARMA, J (ORAL) This revision petition is directed against the judgment and decree dated 12.5.2009, passed by the learned Wakf Tribunal, Ferozepur, decreeing the suit filed by the plaintiff/respondent/Board, for a decree of permanent injunction, restraining the defendant/petitioner from constructing, altering or making any kind of construction on the suit property belonging to the Punjab Wakf Board, comprised of plot No.B-IV-IR-IS/2 bearing MC No.ES/29/19, situated at Malwal road Ferozepur City, measuring 107 square yards, out of 1 kanal 9 marlas and 18 sq. feet as shown in the site plan. It is not in dispute that the defendant/petitioner is tenant under the Punjab Wakf Board, and a suit earlier filed by the Punjab Wakf Board, seeking possession was dismissed by the learned Wakf Tribunal. The order passed by the learned Wakf Tribunal was affirmed by this Civil Revision No. 6310 of 2009 (O&M) -2- Court. After having failed in the suit, the Punjab Wakf Board/plaintiff/respondent filed a suit for permanent injunction, restraining the defendant/petitioner, from raising any construction, on the tenanted premises without the permission of the Board. The learned Wakf Tribunal, on appreciation of evidence and the pleadings of the parties, concluded that the defendant/petitioner, cannot raise any construction on tenanted premises without getting site plan sanctioned from the Municipal Committee, Ferozepur, and consequently held that the defendant was not entitled to raise construction or make any alteration in the suit property without the permission or consent of the Punjab Wakf Board and the Municipal Committee. In view of the findings recorded above, the learned Tribunal passed the following decree: - “This suit has come today before me (Baldev Singh Sodhi, Wakf Tribunal (Additional District Judge), Ferozepur, for final disposal in the presence of Sh. A.S. Sodhi, counsel for the plaintiff and Sh. N.K. Kakkar, counsel for the defendant. It is ordered that the suit of the plaintiff for permanent injunction succeeds and the same is decreed and the defendant is restrained from raising any construction or making any alteration in the suit property bearing plot No.B-IV-IR-IS/2 M.C. No.ES/29/19 situated at Malwal Road, Ferozepur as detailed in the head note of the plaint. Parties are left to bear their own costs.” The learned counsel for the petitioner has not disputed that plaintiff/respondent was entitled to injunction prayed for against raising of construction without the permission of the Wakf Board and Civil Revision No. 6310 of 2009 (O&M) -3- Municipal Committee, but by way of decree there could not be a complete bar, as ordered by the learned Wakf Tribunal. He, therefore, prays that the decree be modified and words “except with the permission and consent of the Punjab Wakf Board and the Municipal Committee” be added, in the relief claimed and the decree passed. This prayer of the learned counsel for the petitioner, is not opposed by the learned counsel for the respondent. Consequently, this revision petition is disposed off by modifying the decree, by adding the words “except with the permission and consent of the Punjab Wakf Board and the Municipal Committee” at the end of the relief clause. The amended decree be read as: - This suit has come today before me (Baldev Singh Sodhi, Wakf Tribunal (Additional District Judge), Ferozepur, for final disposal in the presence of Sh. A.S. Sodhi, counsel for the plaintiff and Sh. N.K. Kakkar, counsel for the defendant. It is ordered that the suit of the plaintiff for permanent injunction succeeds and the same is decreed and the defendant is restrained from raising any construction or making any alteration in the suit property bearing plot No.B-IV-IR-IS/2 M.C. No.ES/29/19 situated at Malwal Road, Ferozepur as detailed in the head note of the plaint except with the permission and consent of the Punjab Wakf Board and the Municipal Committee. Parties are left to bear their own costs.” Revision disposed off. (Vinod K. Sharma) Judge July 12, 2010 R.S.