PUNJAB WAKF BOARD Vs. NATHA SINGH

JUDGEMENT

(1.) The controversy in appeal here is with regard to the conclusive nature of the notification under Section 5(2) of the Wakf Act, 1954 (hereinafter referred to as 'the Act'), declaring thereby a particular property to be Wakf property. Contradictory views having been expressed of this matter by R.N. Mittal, J. in Punjab Wakf Board V. Commissioner Patiala Division and others,1973 RajdhaniLR 467 and by M.M. Punchhi, J in Avtar Singh V. The Commissioner, Jullundur Division and others, 1984 PunLJ 244, reference to a larger Bench was thus rendered inevitable. Hence this cases now being before us.

(2.) The dispute in the present case concerns a shop in the Loco shed at Jind. It was the case of the plaintiff. The Punjab Wakf Board is that this property was owned by it, but had been encroached upon by the defendant Natha Singh. The Punjab Wakf Board thus sougth a decree for possession against the said Natha Singh.

(3.) Defendant Natha Singh, on his part, denied that the property in suit was Wakf property. According to him, he had purchased it from the Managing Officer-cum-Custodian and had also deposited the requisite 1/4th of the sale price thereof and was thus entitled to its possession.