PUNJAB WAKF BOARD Vs. PUNJAB STATE

JUDGEMENT

(1.) THIS second appeal arises out of a suit filed by Punjab Wakf Board for possession of the land measuring 8 Kanals bearing Khasra No. 40 within the revenue Estate of Mehmudpur in Tehsil Garhshankar, District Hoshiarpur after demolition of the super-structure raised by the defendant.

(2.) THE facts are that the suit land is a graveyard and is wakf property which was permanently dedicated by a person professing Islam for pious, religious and charitable purposes and also by user. After the partition of the country, the said property vested in the Custodian in trust for public purposes. The State of Punjab has been in possession of the suit property since the year 1953. The graveyards were levelled and the defendant-State constructed building in which a Government Primary School is being run. After the enactment of the Wakf Act, 1954 (for short, the Act) the property in dispute was transferred by the custodian to the plaintiff-Punjab Wakf Board, which is a body corporate capable or suing and being sued in its name. The suit property was registered as Wakf Property Under Section 25 of the Act. Its management and general superintendence vests in the Wakf Board. The State of Punjab was only a licencee with permissive possession and a notice Under Section 80 of the Code of Civil Procedure was served on the State of Punjab calling upon it to admit the claim of the plaintiff, but to no effect.

(3.) ON June 10, 1971, the trial Subordinate Judge passed an ex parte decree in favour of Wakf Board as against the State. On application made by the State, ex parte decree was set aside vide order, dated April 25, 1973.