TARA SINGH Vs. FINANCIAL COMMISSIONER APPEALS

JUDGEMENT

(1.) THIS order will dispose of Civil Writ Petition Nos. 11461 and 14377 of 1991. The former petition is at the instance of Tara Singh and Anr. lessees of the Punjab Wakf Board and the latter is by the Punjab Wakf Board itself. The impugned orders are the same in the two petitions.

(2.) THE case as set up is that the land in dispute was donated by the erstwhile ruler of the State of Kapurthala as muafi land to the Muslim Institution in 1944 B. K. According to the petitioners, it became Wakf Property and vested in the Punjab Wakf Board in view of notification published in the Gazetta of India dated September 11, 1971, Annexure P-l. petitioners in CWP 11461 of 1991 are lessees on the land in dispute under the Wakf Board and claim their possession for a pretty long time. This land, however happened to be allotted to respondents 4 and 5 in the year 1983 by the Tehsildar (Sales) cum-Managing Officer by treating it to be acquired evacuee property belonging to the Central Government under the provisions of Displaced Person (Candr) ACt, 1954 (for short 'the Act' ). Lessess filed appeal against the order allotting the land to respondents 4 and 5 before the Settlement Commissioner, who vide order dated January 29, 1986 accepted the same and remanded the case to the Managing Officer, Kapurthala. On remand, the Tehsildar-cum-Managing Officer, Kapurthala by order dated September 4,1986, copy Annexure P-3, concluded that muafi in question was "muafi Za-Qiam Kham Gah" i. e. till the existence of Khangahand that it was not a personal muafi. The Managing Officer consequently cancelled the allotment. Appeal against this order was dismissed by the Settlement Commissioner by order dated January 15, 1987. Aggrieved by this order, respondents 4 and 5 filed revision under Section 24 of the Act. This revision was dismissed by the Chief Settlement Commissioner (by order dated May 18, 1987, Annexure P-4. Respondents 4 and 5 thereafter filed a petition under Section 33 of the Act before the Financial Commissioner (Appeals), Punjab exercising the delegated powers of the Central Government. This revision petition was accepted by the learned Financial Commissioner by order dated March 21, 1991, Annexure P-5 holding that the muafi to Khangah was personal muafi and after the migration of Muslims to Pakistan the property reverted hack to the Government and it ceased to be the wakf property. It is this order which is under challenge in these petitions.

(3.) CIVIL Writ Petition No. 11461 of 1991 was contested by respondents 4 and 5 by filing a written statement. The State, however, put in appearance and supported the order. Respondents who are the allottees of the Rehabilitation Department asserted that the land in dispute was evacuee property and allotment thereof was correctly made in their favour. Notification dated September 11, 1971 was stated to be illegal and incorrect and the disputed land was never a wakf property as defined in Section 2 (1) of the Wakf Act and the Wakf Board could not acquire it being evacuee property. On these averments the order Annexure P-5 is sought to be justified.