HIRA SINGH Vs. DELHI WAKF BOARD

JUDGEMENT

(1.) This appeal has impugned the judgment and decree dated 4.2.1989 which had endorsed and confirmed the findings of the trial judge dated 25.10.1982 whereby the suit of the plaintiff i.e. of the Delhi Wakf Board had been decreed in its favour.

(2.) The plaintiff/respondent i.e. Delhi Wakf Board had filed a suit for possession against the defendant Hira Singh. It was alleged that the property in dispute i.e. a mosque at Village Oldenpur, Shahdra bearing No.610/403 is a wakf property and has been used as a wakf since time immemorial. This property has been notified in the notification of gazette on 3.12.1970; subsequently corrected by another notification dated 29.4.1978 published in the Delhi Gazette on 18.5.1978. The defendant's contention that he was in lawful possession of the suit property is liable to be rejected.

(3.) Defendant had contested the suit. The preliminary objection was that suit was time barred. Property is not a wakf property; the owner of the property Mohd.Ahsaan had sold it to the defendant in the year 1953. The premises in dispute is being used as a Gurdwara and is being managed by the Gurudwara Managing Committee. The earlier two suits filed by the plaintiff had been dismissed as withdrawn on 23.1.1970 and 22.8.1978. The present suit is not maintainable.