RAJASTHAN BOARD OF MUSLIM WAKF Vs. HIMMAT SINGH

JUDGEMENT

(1.) This execution first appeal submitted in this Court on 18.8.1987 is against the order of the executing Court dated 18.7.1987 by which the objection petition filed under Order 21, Rule 58, C.P.C. by Bashir Ahmed was dismissed by the executing Court after holding enquiry.

(2.) Brief facts of the case are that one Smt. Suraj Kanwar-r- respondent No. 1 andShanker Lai-respondent No.2 filed one suit No.31/75 for recovery of money against one Himmat Singh Nagori-respondent No. 3 and obtained a decree for Rs. 11,100/- on 9.8.1975. In execution of the said decree, the property in dispute was attached, upon which one Bashir Ahmed, after obtaining permission of the Wakf Board, filed an objection petition under Order 21, Rule 58, C.P.C. alleging that the disputed property is not liable to be attached and sold as the property is not of Himmat Singh and he has no right, title or interest in the property nor he is in possession of the property. The property in dispute is wakf property.

(3.) The judgment debtor as well as the decree holder, both contested the objection petition and submitted that the property in dispute was originally owned by one Mohd. Shah, who sold the same on 3.2.1964 by registered sale-deed in favour of four private persons. The judgment debtor Himmat Singh purchased the property from the four private persons on 23.6.1972 and, thereby Himmat Singh became the owner of the property. Ultimately, the objection petition of Bashir Ahmed filed on behalf of the Rajasthan Board of Muslim Wakf (Jaipur) appellant was dismissed by the executing Court on 9.11.1984. Against this dismissal order,. Bashir Ahmed preferred S.B. Civil First Appeal No. 88/1984, which was allowed by this Court on the ground that the executing Court should have served a notice under Section 57 of the Wakf Act upon the Wakf Board-appellant. This Court, therefore, set aside the order of the executing Court dated 9.11.1984 and remanded the Matter back to the, executing Court with a direction to the executing court to give opportunity of hearing of Wakf Board.