C. R. No. 2366 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : C. R. No. 2366 of 2008 Date of Decision : October 12, 2010 Alakh Ram .... Petitioner Vs. Haryana Wakf Board, Ambala Cantt. .... Respondent CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Arvind Singh, Advocate for the petitioner. Mr. J. S. Bhatia, Advocate for the respondent. * * * L. N. MITTAL, J. (Oral) : Alakh Ram defendant has filed the instant revision petition under Article 227 of the Constitution of India read with Section 83 (9) of the Wakf Act, 1995 (in short – the Act) assailing judgment dated 29.02.2008 (Annexure P-3) passed by learned Wakf Tribunal, Ambala constituted under the Act, thereby decreeing the suit filed by the plaintiff- respondent Haryana Wakf Board for possession of the suit land. I have heard learned counsel for the parties and perused the case file. I need not go into the merits of the case because in view of C. R. No. 2366 of 2008 2 judgment of Hon'ble Apex Court in the case of Ramesh Gobindram (dead) through LR vs. Sugra Humayun Mirza Wakf reported as 2010 (2) R. C. R. 266, Wakf Tribunal constituted under the Act has no jurisdiction to adjudicate upon the suit and only Civil Court has jurisdiction to try the suit. Learned counsel for the parties, however, submit that the suit was initially instituted in Civil Court at Ambala, but during pendency of the suit, Wakf Tribunal was constituted under the Act and the suit was transferred to the Tribunal. In view of the aforesaid, the instant revision petition is allowed and judgment and decree dated 29.02.2008 (Annexure P-3) passed by the Wakf Tribunal, Ambala is set aside and the suit is sent back to Civil Court, Ambala for proceeding in accordance with law from the stage at which the suit was transferred from the Civil Court to the Wakf Tribunal. Wakf Tribunal shall send the file of the suit to learned Civil Judge (Senior Division), Ambala. Parties are directed to appear before learned Civil Judge (Senior Division), Ambala on 18.11.2010. Learned Civil Judge (Senior Division), Ambala shall be at liberty to keep the suit file with him or to assign the same to the court of competent jurisdiction. October 12, 2010 ( L. N. MITTAL ) monika JUDGE C. R. No. 2366 of 2008 3