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2014 Supreme(Raj) 1946

ATUL KUMAR JAIN
Saeed Shah – Appellant
Versus
Irfaan – Respondent


Advocates:
For the Petitioners:G.S. Saraswat, Advocate.
For the Non-Petitioners:S.L. Sonagara, Advocate.

JUDGMENT

1. - In this matter Sections 6, 7 and 85 of the Wak Fact, 1995 (for short "the Act of 1995") are relevant because these provisions have been relied upon by both the parties in the case. For proper appreciation of the evidence of the parties, these three sections are quoted below:-

"6. Disputes regarding wakfs.

(1) If any question arises whether a particular property specified as wakf property in the list of wakfs is wakf property or not or whether a wakf specified in such list is a Shia wakf or Sunni wakf, the Board or the mutawalli of the wakf or any person interested therein may institute a suit in a Tribunal for the decision of the question and the decision of the Tribunal in respect of such matter shall be final:

Provided that no such suit shall be entertained by the Tribunal after the expiry of one year from the date of the publication of the list of wakfs.

Explanation - .For the purposes of this section and section 7, the expression "any person interested therein", shall, in relation to any property specified as wakf property in the list of wakfs published after the commencement of this Act, shall include also every person who, though not interested in the wakf concerned

































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