R.P.NAGRATH
Muslim Welfare Committee Takia – Appellant
Versus
Punjab Waqf Board – Respondent
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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.