PUNJAB WAKF BOARD Vs. KUDSIA BEGUM AND ORS.

JUDGEMENT

(1.) The present revision petition is directed against the impugned judgment dtd. 26/2/2015 passed by the Wakf Tribunal, Sangrur, wherrby the claim of the Wakf Board for declaration to the effect that the property bearing Khasra No.1665, 2B-9B, was the Wakf property as per the Notification issued under Sec. 5(2) of Central Govt. Wakf Act, 1954 ( in short 'the 1954 Act') and further declaration that possession of the defendants is illegal, has been rejected.

(2.) The suit, aforementioned, was filed, on the premise that the suit property was a wakf property including in the list of Aukafs in Kitabul Aukaf, maintained by the Board. Previously, Chote Shah Gafoor Shah, instituted the suit bearing No.147 of 1987, which was dismissed on 1/4/2000. The aforementioned finding did not have binding effect, in the absence of impleadment. It is only when the plaintiff came to know about the aforementioned judgment, filed the present suit claiming declaration on the ground of Notification, as the plaintiff had been in possession of the land, which is being used as grave yard since times immemorial.

(3.) Defendant Nos.1 to 3 filed the joint written statement and raised the objection qua maintainability as the objection petition filed by the plaintiff, against the execution of the judgment and decree, had already been dismissed, thus, the separate suit was not maintainable.