A property can only be considered a wakf if it is dedicated by a person professing Islam and it has been used for purposes recognized by Muslim Law as pious, religious, or charitable.

H. S. Thakur—This Letters Patent Appeal is directed against the judgment of the learned single Judge of this court who dismissed the second appeal preferred by the appellants,

2. Material facts to determine this Letters Patent Appeal may be stated. The appellants-plaintiffs (hereinafter to be referred to as the plain tiffs) filed a suit against the respondents/defendants (hereinafter to be refer red to as the defendants) for declaration that the ‘Pirsthan or Dargah property known as pirnigahia as detailed in the head note of the plaint is a place of worship and a Dargah, dedicated for pious and religious purposes recognized by the Muslim Law and that it fell within the definition of ‘Wakf’ as contained in the Wakf Act, 1954 (hereinafter called the Act) and that on the enforcement of the Act, the property had vested in the plaintiff-wakf Board. It was stated that the mutation sanctioned in favour of the defendant-Gram Panchayat, of the said property was wrong and illegal. It was further asserted that on the basis of the mutation, the defendants were interfering in the management of the property and were receiving offerings at the aforesaid place of worship. The plaintiffs also prayed for permanent injunction restraining the defendants from interfering with the management of the place of worship and from receiving offerings. The defendants, however, opposed the suit and consequently issues were framed by the trial Court.

3. The only point which needs determination in this letters patent appeal is whether the suit property is wakf property or not. The trial Court after considering the evidence on record came to the conclusion that the property did not fall within the definition of ‘Wak’ as contained in section 3 (i) of the Act. It was observed by the trial Court that the plain tiffs had failed to prove that the suit property was a Wakf’ property and had vested in the Punjab Wakf Board. The plaintiffs preferred an appeal but the learned Additional District Judge affirmed the decree and judgment passed by the trial Court A second appeal was preferred to this court. The learned single Judge, after considering the points raised on behalf of the plaintiffs, however, upheld the judgment of the courts below.

4. We have heard the learned Counsel for the parties at length and also perused the evidence on record. The Khata numbers of the property in dispute are 3765 and 3766. The plaintiffs produced the copies of two jamabandi pertaining to the land. They are Ex P-l pertaining to the year 1913-14 and the other Ex, P-2 for the year 1960-61. In the earlier Jamabandi in the column of ownership, the name of Shamlat-deh is shown and, in the column of occupation it is described as a place of worship, Khasra No, 3765, measuring 2 Kanals 14 Marlas is shown as Gair Mumkin Dera while Khasra No. 3766, measuring 5 marlas is shown as Gair Mum-kin Jayapir. In the latter jamabandi, Panchayat Deh is shown as the owner and in the column of occupation the entry is Prastishgah Ahle Hanud wo Ahle Islam meaning thereby that it was a place of worship for Hindus as also of Muslims. It is thus described as Gair Mumkin Pirsthan\ As per Ex. P-2, the earlier Khasra numbers of the suit land were 20 57 and 2038 respectively and as per Ex. P-6, this land was shown as "Jayapir Sultan in 1888. Apart from these entries, there are entries in the Wazab-ul-Arz of the village relating to Sammat 1926 (Ex. P-3) and of the settlement 1913-14 (Ex. P-4). Entries of Ex P-3 and Ex P-4 are almost identical. The entries show that the only source of miscellaneous income was ‘Pirnighahia where (mela was held every Thursday and offerings were made by the public. The entries also provide the modes of disbursement of that income. According to these entries, after meeting the expenses of necessary repairs of the buildings attached to Pirnighahia and other miscellaneous expenses, the balance was divided among some named persons in defined shares The persons named were Muslims as also n