- (1.) The instant writ petition has been filed by the petitioners under Articles 226/227 of the Constitution of India for quashing of order dated 27.01.2010 (Annexure P/5) passed by the Wakf Tribunal, whereby the petitioners have been directed to hand over vacant possession of the property in question.
(2.) Brief facts of the case are that since 1957, the father of the petitioners, during his lifetime, remained tenant of the land in question measuring 4 kanals 19 marlas comprised in Khasra No. 111M, Killa No. 22/2(1-15), 113M/1 (0-1) and 2/3 (3-3) situated in the revenue limits of Zira and he had been paying rent at the rate of Rs.1500/- per annum to the respondent Punjab Wakf Board. The Punjab Wakf Board had received rent/chakota upto the year 1997-97 vide receipt dated 07.10.1996 (Annexure P/2). In the year 1998, the father of the petitioners made request to the Wakf Board to receive the rent, but, the respondent-Wakf Board did not receive. Thereafter, the father of the petitioners moved an application to the Assistant Collector 2 nd Grade, Zira, under Section 14-A (III) read with Rule 22 of the Punjab Security of Land Tenures Act, as a consequence of which, the rent was got deposited in the Government Treasury. The father of the petitioners expired on 27.10.1998. The respondent Punjab Wakf Board is aware of this fact. The petitioners again deposited the rent/chakota in the Treasury under the orders of the Assistant Collector on 30.05.1999. Against that order, Wakf Board filed an appeal, which was dismissed.
(3.) The other facts are not necessary at this stage.;