- (1.) Defendant no. 5 Yogesh has filed this revision under Article 227 of the Constitution of India assailing judgment and decree dated 15.4.2011 passed by learned Additional District Judge, Palwal acting as Tribunal under the Wakf Act, 1995 (in short, the Act) thereby decreeing suit of respondents no. 1 and 2/plaintiffs against the petitioner and proforma respondents no. 3 to 6 (defendants in the suit) restraining the defendants from dispossessing the plaintiffs illegally from the suit land and from raising unauthorized construction on any part thereof and from alienating the same in any manner. Defendants no. 2 and 5 were found in possession of 74 square yards and 124 square yards land respectively out of the suit land and they have been directed to hand over vacant possession thereof to the plaintiffs.
(2.) Case of the plaintiffs is that Shamlat Patti Khel was owner in possession of the suit land. Prior to consolidation of holdings, five biswas land was in possession of plaintiffs' father Mangal Sen and remaining 3 biswas land was shown as Kabristan (graveyard). Suit land was allotted in lieu of 5 biswas land in consolidation of holdings. Plaintiffs' father was Palmist/Brahman/Purohit of the aforesaid Patti. The suit land was gifted to plaintiffs' father by way of oral gift. Accordingly, the plaintiffs claimed to be owners in possession of the suit land. However, defendant no. 1 Punjab Wakf Board started claiming that it would use the suit land as graveyard. Entries in revenue record have also been got changed. Defendants no. 2 to 5 alleged purchase/lease in their favour from unauthorized persons. The plaintiffs sought permanent injunction restraining the defendants from dispossessing the plaintiffs from the suit land and from raising unauthorized construction and if defendants are found to be in possession of the suit property, then relief of possession with mandatory injunction be also granted.
(3.) Defendants contested the suit on various grounds.;