PANCHAYAT DEH Vs. PUNJAB WAKF BOARD AMBALA

JUDGEMENT

(1.) THIS judgment will dispose of nine Regular Second Appeals Nos. 1346 to 1354 of 1965, as the points of fact and law involved are the same.

(2.) IN the village Garhi Brahman, Tehsil Sonepat, District Rohtak, the land comprised in Khasra No. 247, which is in dispute in this case, was shown as gher mumkin kabrasthan in the Jamabandi for the year 1909-10 (Exhibit P-19) and occupier is shown as Kunjra tribe, resident of Sonepat town. This entry is repeated in Jamabandi for the year 1957-58, that is, Exhibit D-2 the land is described as gher mumkin kabrastan in the possession of Ahl-e-Islam and Panchayat, Deh, is recorded as its owner. The same entry is repeated in the Jamabandi for the year 1961-62, Exhibit D-3, equal to Exhibits P-10 to p-18. The ownership of this Khasra number throughout has been shown as that of the Panchayat Deh, in Jamabandis, exhibits D-2 and d-3, and Shamlat Deh Hasab Rasad Raqba Khewat in Jamabandis for the years 1909-10 and 1945-46. The reason for the change of the owner from shamlat Deh to Panchayat Deh was the coming into force of the Punjab Village common Lands (Regulation) Act, 1954, whereunder all the lands included in the shamlat Deh of any village automatically vested in the Panchayat having jurisdiction over the village with effect from the date the Act came into force, that is, 9th January, 1954.

(3.) THE Parliament enacted the Wakf Act, 29 of 1954, which came into force on 21ar MY, 1954. This Act applies to all wakfs, whether created before or after the commencement of the Act. In Section 3 (1) "wakf" has been defined to mean the permanent dedication by a person professing Islam of any movable or immovable property for any purpose recognised by the Muslim Law as pious, religious or charitable and includes - (i) a wakf by user; (ii) grants (including mashrut-ul-khidmat) for any purpose recognised by the Muslim Law as pious, religious or charitable; and (iii) a wakf-alal-aulad to the extent to which the property is dedicated for any purpose recognised by Muslim law as pious, religious or charitable. Section 9 of this Act provides for the establishment of a Board of Wakfs by the state Government and the functions of the Board have been defined in Section 15. In short, the overall management and supervision of all waqfs has been entrusted to the Board which has also been given power to take measures for the recovery of lost properties of any wakf and to institute and defend suits and proceedings in a Court of law relating to wakfs. The provision has been made in the said Act for the survey of wakfs, publication of lists thereof, determination of the disputes with regard to the wakfs and for the maintenance of a register of wakfs.