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vide the Wakf (Amendment) Act, 2013 for leasing out the property without the permission of the Board, however, proviso to Section 51 of the Wakf Act carves out an exception, which reads as under :

"Provided that no mosque, dargah, khanqah, graveyard, or imambara shall be leased except any unused graveyards in the States of Punjab, Haryana and Himachal Pradesh where such graveyard has been leased out before the date of commencement of the Wakf (Amendment) Act, 2013."

Vide judgment dated 01.09.2017 the suit was decreed. Aggrieved by the same, the present revision petition has been filed by the defendant-petitioner.

Learned counsel for the defendant-petitioner would contend that the lease deed had no automatic renewal clause as is apparent from a perusal of the lease order. It is further the contention that after the coming into force of the Wakf (Amendment) Act, 2013 there could be no leasing out of the property without the prior permission of the Board and that the status of the plaintiff-respondent was that of an encroacher. Learned counsel for the defendant-petitioner would further contend that the only ground on which the suit has been decreed is that it was not shown to the Court as to whether the Wakf (Amendment) Act, 2013 was retrospective or prospective integrity of this order/judgment.

in nature. It is submitted that no finding qua the applicability of the Wakf (Amendment) Act, 2013 was warranted in a simpliciter suit for injunction.

Per contra learned counsel for the plaintiff-respondent has contended that the Wakf (Amendment) Act, 2013 is not retrospective in nature and hence would not apply to the lease deed in favour of the plaintiff- respondent. It is submitted that since the plaintiff-respondent is a lessee the defendant-petitioner cannot forcibly evict him from the suit property.

integrity of this order/judgment.

However, keeping in view the discussion by the Tribunal on the applicability or inapplicability of the Wakf (Amendment) Act, 2013, the instant revision petition is disposed off with a direction that the plaintiff- respondent, who is in possession of the suit property under the Wakf Board, would not be evicted therefrom except in due course of law. The discussion in the impugned order regarding the applicability or inapplicability of the provisions of the Wakf (Amendment) Act, 2013 is held to be obiter dicta and the question is left open to be determined in appropriate proceedings.