C. R. No. 2344 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : C. R. No. 2344 of 2009 Date of Decision : October 28, 2010 Sher Chand .... Petitioner Vs. The Punjab Wakf Board, Chandigarh and others .... Respondents CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Arun Singla, Advocate for Mr. Parveen Kumar, Advocate for the petitioner. Mr. Dinesh Goel, Advocate for respondent no. 1. Mr. O. P. Kamboj, Advocate for respondents no. 2 to 6. * * * L. N. MITTAL, J. (Oral) : Sher Chand – defendant no.1 has filed the instant revision petition under Section 83 (9) of the Wakf Act, 1995 (in short – the Act) read with Article 227 of the Constitution of India challenging judgment and decree dated 30.03.2009 (Annexure P-3) passed by learned Wakf Tribunal, Ferozepur, thereby decreeing the suit filed by plaintiff-respondent no.1 C. R. No. 2344 of 2009 2 Punjab Wakf Board against petitioner and proforma respondents no.2 to 6 for possession of the suit land by eviction of the defendants therefrom. Learned counsel for the appellant contends that in view of judgment of Hon'ble Supreme Court in the case of Ramesh Gobindram (dead) through LRs vs. Sugra Hamayun Mirza Wakf reported as 2010 (2) RCR (Rent) 266, Wakf Tribunal has no jurisdiction to adjudicate upon the suit. Learned counsel for plaintiff-respondent no.1 is unable to controvert the aforesaid contention. In view of the aforesaid, the impugned judgment and decree of learned Wakf Tribunal, Ferozepur are set aside and plaint instituted by respondent no.1-plaintiff is ordered to be returned for presentation before the court of competent jurisdiction. Respondent no.1-plaintiff is directed to appear before the Wakf Tribunal, Ferozepur on 29.11.2010 for receiving back the plaint. October 28, 2010 ( L. N. MITTAL ) monika JUDGE