UNION OF INDIA Vs. DELHI WAKF BOARD

JUDGEMENT

(1.) THIS second appeal has impugned the judgment dated 23.3.1981. The first Appellate Court vide the impugned judgment had set aside the judgment and decree of the Trial Judge dated 31.1.1979. The Trial Judge had decreed the suit of the plaintiff. The first Appellate court had reserved the finding thereby dismissing the suit.

(2.) THE factual matrix revealed from the pleadings is that the Northern Railway through the Union of India had claimed ownership of the suit property i.e. the property bearing Khasra No.162 situated inside City wall and within Railway Colony, Mor Sarai, Delhi described in red in the site plan attached with the plaint. It was stated that the Union of India was in exclusive possession of the suit property being owned by them since the last 60 years. THE defendant i.e. the Delhi Wakf Board (hereafter referred to as the "Board") had illegally and unlawfully got it gazetted in their name as Wakf property on 16.4.1970. THE statutory notice under Section 56 of the Wakf Act 1954 (hereinafter referred to as ,,the said Act) had also not been issued in the prescribed manner before institution of the suit.

(3.) THIS is a second appeal. On 16.11.1981 the appeal was admitted and the following substantial questions of law were framed which read as follows: