- (1.) Challenge in this writ petition is to an order dated 3.1.2003 passed by the Wakf Tribunal, Ferozepur, directing the petitioners ejectment.
(2.) The petitioners allege that they along with respondent no.2 are in possession of land measuring 43 Kanals 1 Marla, situated in Village Abohar. The said land was in possession of their father Thakar Ram since the year 1960. The respondent-Board is the owner of the land. The Board leased out the land to the petitioners but the lease money was accepted only upto the year 1988-89. The petitioners offered lease money on numerous occasions but to no avail. As the petitioners were threatened with dispossession, they filed a civil suit against the Board. In the meanwhile, the Board had leased out the land to Sudhir Kumar, Mangal Singh Aroora Ram and Bhagwan, who also filed a civil suit. Their application for interim injunction was dismissed, as was an appeal. But while dismissing the appeal, the Additional Sessions Judge directed the petitioners, to deposit a sum of Rs.11,200/- per annum within one month. The revision filed by the petitioners before this Court was dismissed. Eventually, the suit filed by Sudhir etc. was dismissed by the trial Court and no appeal was preferred. The petitioners suit for permanent injunction was decreed on 29.4.1998.
(3.) The respondent-Board thereafter, filed a suit for possession before the Wakf Tribunal, Ferozepur, with respect to land measuring 10 Kanals alleging therein that the petitioners were in unauthorized possession. The petitioners, however, could not lead evidence. Their father expired on 1.8.2002 and as they were unaware of the pendency of the case, could not appear before the Tribunal. Their evidence was closed by order without granting sufficient opportunity. Thereafter, the learned Tribunal decreed the suit vide order dated 3.1.2003.;