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2015 Supreme(P&H) 51

R.P.NAGRATH
Muslim Welfare Committee Takia – Appellant
Versus
Punjab Waqf Board – Respondent


Advocates:
For the Petitioners:Mr. Mansur Ali, Advocate.
For the Respondents No. 1 to 3:Mr. G.N. Malik, Advocate.
For the Respondents No. 4 to 9:Mr. Arihant Jain, Advocate.
For the Applicant-Baljit Kaur in CM No. 39774-CII of 2011:Mr. S.M. Tripathi, Advocate.

JUDGMENT

Mr. R.P. Nagrath, J.: - The petitioners have invoked the revisional jurisdiction of this Court under Article 227 of the Constitution of India seeking to challenge the order dated 08.04.2011 passed by the Waqf Tribunal, directing the return of plaint to be presented before the court of competent jurisdiction.

2. The question arising in the instant revision is “whether the suit instituted by plaintiff-petitioners is triable exclusively by Waqf Tribunal, Rup Nagar or by an ordinary civil court?”

3. The suit land comprising of two khasra numbers total measuring 9 kanals 11 marlas is stated to be a Muslim graveyard and, therefore, a ‘Waqf property’. Muslim residents of village Kumbra, where the land is situated, have formed a Muslim Welfare Committee-petitioner no. 1, registered under the Societies Registration Act, 1860. The suit has been filed through petitioners no. 2 and 3.

4. It was stated that the land is ‘Muslim graveyard’ and Muslims of village Kumbra and adjoining villages have been using this land as a graveyard for burial of Muslim dead bodies since times immemorial. It was further stated that Muslims of the area are facing great difficulty for the past many years as
























































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