- (1.) The full bench case of BACHAN CHAND V. PUNJAB WAKF BOARD disposed of by the punjab and Haryana High court on 19/09/1983, which has been retied upon by the High court in allowing the appeal and dismissing the suit of the appellant, has since been reversed by this court in Civil No. 1191 of 1984, punjab WAKF BOARD V. BACHAN CHAND disposed of on 21/01/1988. In view of the said decision of this court in Civil Appel no. 1191 of 1984, the impugned judgment of the high court is set aside and the suit is decreed as follows: The defendant-respondent shall pay the arrears of rent at the rate of Rs. 15. 00 per Kanal per annum, that is to say, Rs. 90. 00 per annum for the disputed land with effect from the date of the institution of the suit till 31/12/1987. The total amount of arrears would come to Rs. 3,150. 00 for the period expiring on 3 1/12/1987. We direct the respondent to pay the arrears by depositing this amount in this court within four months from today. With regard to the subsequent period commencing from 1/01/1988 the respondent will continue as a tenant with full tenancy rights at a rent of Rs. 600. 00 per annum in respect of the land in question. In case the respondent is unwilling to continue as a tenant, it would be open to the respondent to surrender possession to the Wakf Board. The respondent will file an affidavit to the effect that he is willing to continue as a tenant on the terms mentioned above on or before 30/04/1988. If such an affidavit is not filed or in case of failure of payment of arrears which has been computed at Rs. 3,150. 00 on or before 30/06/1988, there will be a decree for possession in favour of the appellant Board which will be entitled to execute the decree for possession. There will also be a decree for payment of Rs. 3,150. 00 which the appellant Board will be entitled to execute in case the said amount is not paid within the specified time-frame apart from being entitled to execute the decree for possession. 243 in the event of the respondent filing the affidavit and paying the arrears within the specified time, the respondent will be entitled to continue as a tenant with full tenancy rights at an annual rent of Rs. 600. 00 with effect from 1/1/1988.
(2.) The appeal is disposed of as above. The parties are directed to bear their own costs throughout.;