ASHOK BHUSHAN,J - (1.) These two appeals having been filed against two separate judgments of the Punjab and Haryana High Court allowing the Civil Revisions filed by the respondents have been heard together and are being decided by this common judgment.
(2.) Brief facts giving rise to the above appeals which are necessary to be noticed for deciding these appeals are: Civil Appeal No.92 of 2019 (Punjab Wakf Board v. Sham Singh Harike) The appellant, Pubjab Wakf Board, claimed to be owner of land measuring 269 kanals 7 marlas, comprising in khewat No.462, khatauni Nos.589, 593, 599 and 596 in khasra Nos.103, 105, 102 min, 104, 106, of village Birmi, Tehsil and District Ludhiana. The appellant had let out the above-mentioned land to Sham Singh and his wife Kuldeep Kaur for cultivation of the land. The lessee deposited the rent for few years and thereafter initiated litigation against the interest of the Board which was decided in favour of the Board. The appellant filed Civil Suit No.250 of 2001 in the Court of Civil Judge, Senior Division for the grant of permanent injunction restraining the respondents from raising any construction and changing the position from agricultural to residential of the property in any manner. The respondents filed written statement challenging the maintainability of the suit. The title of the appellant was denied in the written statement. After the constitution of the Wakf Tribunal, the suit was transferred to the Wakf Tribunal and renumbered as RBT No.84/2006. The respondent filed an application before the Tribunal for rejection of the plaint on the ground that the Tribunal has no jurisdiction to entertain the suit and the Civil Court alone has jurisdiction to entertain the suit. The Wakf Tribunal by its order dated 17.04.2009 rejected the application of the respondent and held that after 01.01.1996 it is only the Wakf Tribunal which has jurisdiction to try the present suit.
(3.) The respondent aggrieved by the order dated 17.04.2009 filed Civil Revision in the High Court. The High Court relying on the judgment of Ramesh Gobindram(dead) through LRs. v. Sugra Humayun Mirza Wakf, (2010) 8 SCC 726, allowed the Revision. The High Court held that since the appellant is a nonmuslim, the Wakf Tribunal has no jurisdiction in the matter and it is only the Civil Court which had the jurisdiction in the present dispute. The appellant aggrieved by the said judgment dated 20.09.2010 has come up in this appeal.;