PUNJAB WAKF BOARD Vs. DEEP CHAND

JUDGEMENT

(1.) Counsel for the appellant has relied upon a decision of the Supreme Court in Sayyed Ali v. Andhra Pradesh Wakf Board, Hyderabad, 1998 1 RCR(Civ) 685. Counsel for the appellant also submits that in view of the provisions of Section 107 of the new Wakf Act i.e. the Wakf Act, 1995 , Limitation Act does not apply, Counsel for the respondent submits that since the property in question is not wakf property, the suit is liable to be dismissed and has been rightly dismissed by the courts below.

(2.) The courts below have held that the land in question was never used as grave yard and the entry in the revenue record was without any basis. The judgment of the Supreme Court will not apply in such a situation where the property was never used as grave yard. No doubt, if the land is once shown to have been used as grave yard and there is any basis for the revenue entry, the subsequent cessation of user of such property as grave yard will not divest the character of wakf property, but this position will not apply where the land was even used as wakf property and there is no basis for the revenue entry, as has been found by the courts below.

(3.) In view of the above reasons, there is no merit in the appeal. The appeal is dismissed.