Dr. Bharat Bhushan Parsoon, J. - (1.) PRAYER in the CM is for placing on record Annexures P -1 to P -3 and for exemption from filing certified copies thereof. Allowed, as prayed for, subject to all just exceptions. In view of the circumstances explained in the CM, Annexures P -1 to P -3 are taken on record. Main case
(2.) JUDGMENT and decree dated 12.3.2014 passed by the Tribunal Wakf Act, Ludhiana under The Waqf Act, 1995, whereby, decreeing the suit of the Punjab Wakf Board (hereinafter referred to as the Board), against the defendants, petitioners herein, whereby declaring the Board to be the owner, the petitioner -defendants have been called upon to pay Rs. 42,000/ - as mesne profits, are under challenge in this revision petition preferred by the defendants, petitioners herein. The petitioner -defendants have claimed that they are owners in possession of the suit land as proprietors of the village and adjudication by the Tribunal in favour of the respondent -Board is not valid in law. Citing Punjab Wakf Board v. Kartar Singh,, 1987 PLJ 95, Punjab Wakf Board, Jalandhar v. Nagar Panchayat Shahkot, : 2011 (2) RCR (Civil) 243 and Karnataka Boad of Wakf v. Anjuman -E -Ismail Madris -Un -Niswan, : 1999 (3) R.C.R. (Civil) 639: JT 1999 (5) SC 573, it is urged that gazette notification in favour of the Punjab Wakf Board by itself is not sufficient to prove its ownership and dedication of property for a purpose recognized by the Muslim Law as pious or religious or charitable, is to be established.
(3.) CITING Parkash Singh and others v. Joint Development Commissioner, Punjab and others, : 2014 (2) RCR (Civil) 721, it is claimed that the land is Jumla Mushtarka Malkan and continues to be in their possession as owners.;