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1999 Supreme(SC) 1406

J.JAGANNADHA RAO, A.P.MISRA
Punjab Wakf Board – Appellant
Versus
Gram Panchayat, Gram Sabha – Respondent


JUDGMENT

M. Jagannadha Rao, J.-This appeal is preferred by the Punjab Wakf Board against the Judgment of the Punjab High Court in R.S.A. No. 1712/1995 dated 6.12.1996. By that judgment, the Punjab High Court confirmed the Judgment of the Additional District Judge, dated 5.10.94, which had affirmed the Judgment of the learned Subordinate Judge, Samra s dated 31.3.1992. All the Courts have dismissed the present suit filed by the Punjab Wakf Board on merits as well as on the ground that, by virtue of Section 13 of the Punjab Village Common Lands (Regulations) Act, 1961 (hereinafter referred to as the Act), the present suit was barred from the jurisdiction of the Civil Court. It is against this Judgment that the Punjab Wakf Board has come up in appeal.

2. The facts of this case in brief are as follows:

On 19.9.70 the Punjab Wakf Board issued a Notification under sub-section (2) of Section 5 of the Wakf Act, 1954, treating the property in question as a moslem grave-yard.

3. It appears that on 21.5.1972, the Director of Land Records, Punjab, wrote to the Revenue Officer concerned for mutation of the land in the name of the Punjab Wakf Board. Accordingly, the Patwari of the area mutated the p


























































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