SHIV NATH Vs. PUNJAB WAKF BOARD, AMBALA

JUDGEMENT

(1.) Punjab Wakf Board, respondent herein, filed a suit for possession of property known as 'Takia Zahara Peer,' outside Hall Gate, Amritsar, and also for rendition of accounts. The claim for possession was based on the allegation that the property in dispute contains a Tomb of Muslim peer and is a Wakf property of a religious nature, which was in the management of Matwali up to 1947. The claim for rendition of accounts was however given up during the trial.

(2.) The defendant contested the suit and took the stand that the property was not a Wakf Property but was of a Hindu Saint. The authority of the Secretary was also challenged on the ground that there was no resolution in his favour authorising him to file the suit. Various other objections were taken and on the pleadings of the parties as many as seven issues were framed. 1t is, however, not considered necessary to notice the issues framed as the learned counsel for the parties during the course of hearing of this appeal only argued on two points namely whether the property in dispute is a Wakf Property and whether the suit has been filed by a duly authorised person.

(3.) It may be noticed at this stage that this appeal came up for final disposal before D.V. Sehgal, J. (as his Lordship then was) and was allowed by order dated 28.1.1987 on the short ground that the suit filed by the Wakf Board without appointment of the trustees of the Shrine was not maintainable. This order was set aside by the Supreme Court in Civil Appeal No. 3988 of 1995 by order dated March 23, 1995, as the point stood answered against the defendant in Punjab Wakf Board v. Bahcan Chand, 1988 Supp1 SCC 514. The matter was consequently remitted to this Court for disposal on its own merits.