KAUSHALYA DEVI Vs. PUNJAB WAKF BOARD

JUDGEMENT

(1.) Plaintiff filed a suit for declaration. One of the issues which was considered by the learned Trial Court was with regard to the jurisdiction of the Civil Court as the defence led by the defendants was to the effect that the property in question was a Wakf Property and, therefore, only the Wakf Tribunal had the jurisdiction to try the case.

(2.) The learned Trial Court for want of notification decided the issue against the defendants and on merits partly decreed the suit of the plaintiffs by declaring them to be the owners of the land comprised in Khata No. 64, Khatauni No. 124, Khasra No. 471, measuring 0-30-34 HMs, situated in Tikka Kuthera, Mauza Palura, Tehsil Jawali, District Kangra, H.P.

(3.) Aggrieved by the judgment and decree passed by the learned trial Court, the defendants filed an appeal before the learned first Appellate Court and also placed on record the copy of notification No. 33 dated 15.08.1970, published in Gazette of India and exhibited as Ext.D10. The first Appellate Court on the basis of this notification came to the conclusion that the Civil Court has no jurisdiction to entertain the suit as the land was a Wakf Property. In drawing such conclusion the learned first Appellate Court relied upon the following judgments of the Hon'ble Supreme Court.