Ram Chand Gupta, J. - (1.) THE present revision petition has been filed under Article 227 of the Constitution of India read with Section 83(9) of the Wakf Act, 1995 for setting aside the judgment and decree dated 23.9.2009 (Annexure P -1) and order dated 23.10.2009 (Annexure P -3) passed by learned Additional District Judge/Wakf Tribunal, Yamuna Nagar at Jagadhri vide which suit filed by the Petitioner -Plaintiff was dismissed on the ground that no evidence was led by the Petitioner -Plaintiff after closing its evidence by court order and also dismissed the application filed by the Petitioner -Plaintiff for recalling the said order.
(2.) I have heard learned Counsel for the parties and have gone through the whole record carefully including the impugned judgment/decree and order passed by learned Additional District Judge/Wakf Tribunal, Yamuna Nagar at Jagadhri. Brief facts relevant for the decision of the present revision petition are that suit for possession of property duly described in the heading of the plaint was filed by Petitioner -Plaintiff -Haryana Wakf Board against Respondent -Defendant on the ground that Petitioner -Plaintiff is owner of the same and that the Respondent -Defendant is in unauthorised possession of the said property belonging to the the Plaintiff -Petitioner.
(3.) SUIT was contested by the Respondent -Defendant. Issues were framed by learned Wakf Tribunal on 27.1.2009. Case was fixed for evidence of the Plaintiff -Petitioner on 22.4.2009, 8.6.2009 and then for 23.9.2009 when the evidence of the Petitioner -Plaintiff was closed and the suit filed by the Petitioner -Plaintiff was dismissed on the ground that no evidence was adduced.;