PUNJAB WAKF BOARD Vs. GURBACHAN SINGH

JUDGEMENT

(1.) THIS is plaintiff's second appeal directed against the judgment and decree of the Courts below whereby suit filed by the appellant for possession of the suit land has been dismissed solely on the ground that the Civil Court has not jurisdiction to entertain the suit for possession.

(2.) IN brief, the facts are that suit had been filed by the Punjab Wakf Board against the defendants on the ground that the property in dispute is attached to Imambara and in terms of Section 66 of the Wakf Act, 1954, it vests in the Wakf Board. On contest defendant No. 1 took up various objections, including that the Civil Court has no jurisdiction to entertain the suit being barred under Section 46 of the Wakf Act read with Administration of Evacuee Property Act, 1950. Trial Court dismissed the suit by saying that the property in dispute is an evacuee property and the jurisdiction of the Civil Court is clearly barred under Section 46 of the 1954 Act read with 1950 Act. In appeal, judgment and decree of the trial Court has been affirmed. Hence, the present second appeal by the Punjab Wakf Board.

(3.) AFTER hearing the learned Counsel for the appellant, I find that issue in regard to ownership is squarely covered by decision of the Supreme Court in Punjab Wakf Board v. Bachan Chand, 1988 PLJ 436 : 1988(2) RRR 477 (SC). In this judgment, having regard to the provisions of Section 66-H of the Wakf Act, 1954, it was been held that a wakf property would vest in Wakf Board in the same manner and the same effect as in a trustee of such property for purposes of sub-section (1) of Section 11 of Administration of Evacuee Property Act with effect from the date of such entrustment. The Wakf Board was thus held entitled to maintain an action for possession against the respondents therein by virtue of authority conferred by Sections 15(1) and 15(2)(i) of the 1954 Act. In view of the judgment of the Supreme Court, the finding of the Courts below on issue No. 1 is set aside. Consequently, the appeal is allowed and judgment and decree of the Courts below is set aside. The matter is remanded to the trial Court to give decision on remaining issues, namely, issues 5, 6 and 7 as finding on issues 2, 3 and 4 has already been returned. Appellant through its counsel is directed to appear before the Civil Judge Senior Division, Hoshiarpur, on 21.10.1997. Appeal allowed.