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1997 Supreme(P&H) 802

N.K.KAPOOR
Punjab Wakf Board Through The Secretary – Appellant
Versus
Harbans Singh – Respondent


Judgment

N.K.Kapoor, J.

1. This is plaintiffs appeal against the concurrent findings of the courts below dismissing the suit filed by it.

2. Punjab Wakf Board, Ambala Cantt instituted this suit for possession of the suit property from defendant on the ground that suit property is a Wakf property and that defendant is in unlawful possession of the same.

3. Defendant contested the suit pleading that actually his mother is in possession of the property who is running a small Gurudwara and a small school in the disputed property. Defendant further denied that suit property is a Wakf property or the same vest in the plaintiff. It was further asserted by the defendant that a building at a cost of Rs. 8,500/-has been raised at the site. Plea of bar of limitation was also raised.

4. A number of issues relating to nature of the property, authority of the attorney to institute the suit, suit being within limitation, plea raised by the defendant that he has become owner by adverse possession were framed.

5. Trial Court on the basis of evidence adduced came to the conclusion that though there is no evidence of express dedication of the suit property as a mosque but there is evidence that it was










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