DIN KHAN Vs. AHMAD HUSAIN SHAH

JUDGEMENT

(1.) THIS first appeal has been filed against the judgment of the Civil Judge, Pilibhit, dated 2 -6 -1976 in suit No. 91 of 1963. The issue No. 5 was framed in the suit as follows: - -

(2.) LEARNED counsel for the appellants has contended that the suit related to a private waqf and as such the view taken by the Civil Judge that the suit is barred by Section 64 of the Act is a view manifestly erroneous. Learned counsel for the respondents has urged that Section 64 of the Act applies both to public and private waqfs and as such the suit is clearly barred by Section 64 of the Act.

(3.) FROM the reading of the above section it is clear that if reliefs are sought in relation to any waqf as provided in Section 14 of the Religious Endowments Act, 1983, and Section 92 of the Code of Civil Procedure, then such a suit can either be filed by the Board or if any person or authority other than the Board, wants to file a suit then the consent in writing of the Board has to be obtained before filing the suit.