PUNJAB WAKF BOARD AMBALA Vs. LAIQUE AHMED

JUDGEMENT

(1.) The plaintiff-Punjab Wakf Board has filed the instant Regular Second Appeal against the judgment and decree passed by both the Courts below vide which its suit for possession of the property in question has been dismissed, though on different reasonings.

(2.) On 29-7-1975, the plaintiff-Punjab Wakf Board (hereinafter referred to as 'the Wakf Board') filed this suit for possession of the property in question situated in Panipat, which was claimed to be part of 'Dargah Makhddum Shaib', a public wakf. This suit was filed by the Wakf Board through its Secretary, who was duly authorised to institute all suits on behalf of the Wakf Board in civil Court. By virtue of Section 8 of the Wakf Act, 1954 (hereinafter referred to as 'the Wakf Act'), the Wakf Board has been given authority and power to administer public wakf and property pertaining to it and to institute suits and take other proceedings relating to the recovery, of the wakf property. It was alleged that the property in question was a public wakf property and the same being used as part of the aforesaid Dargah since the time immemorial but the defendant had illegally trespassed upon the said property without any authority. It was further alleged that when the defendant refused to vacate the suit property, the present suit was filed.

(3.) The aforesaid suit was contested by the defendant by alleging that he was not a trespasser upon the suit property. Rather he was a lessee under the Wakf Board since 1974. It was also pleaded that the Wakf Board was having no locus standi to file the present suit as it was not appointed as a trustee to administer the wakf and as such it was having no power and authority to administer and control this public wakf property. It was further pleaded that the suit property is not the public wakf property nor the suit was instituted by a proper and authorised person.