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ALKA SARIN
Shahid Hussen – Appellant
Versus
Piyau Bhood Wali Habib Patti Badullan, Masjid Committee (Regd) – Respondent
Judgment
Mrs. Alka Sarin, J.
The present appeal has been preferred against the judgments and decrees dated 19.01.2018 and 23.03.2022 passed by the Civil Judge (Junior Division), Faridabad and the Additional District Judge, Faridabad, respectively.
2. The brief facts of the present case are that the plaintiffrespondent-Masjid Committee, which is a registered Society under the Haryana Registration and Regulation of Societies Act, 2012 (Haryana Act No.1 of 2012), filed the present suit stating therein that the suit property, which is a Masjid, was under the exclusive control and supervision of the Committee for the last 50 years. The Masjid was used by the Muslim community for religious purposes. It was further averred that the defendantappellants herein, who had no concern with the suit property, were trying to interfere in the suit property by demolishing the southern side boundary wall at Point A-1 of the chopal of the Masjid and the defendant-appellants were intending to convert the chopal into a cattle shed. Hence, the present suit for injunction
3. Upon notice, the defendant-appellants filed a written statement raising preliminary objections with regard to locus sta
The main legal point established is the requirement of proving locus standi and ownership/possession claims with evidence in property disputes.
A cooperative society must act through authorized resolutions; without such authority, suits filed are not maintainable.
The court directed the trial court to expedite the consideration of the vacate application regarding the interim injunction in a dispute over religious property ownership involving community interest....
Plaintiffs lacked locus standi to sue for temple management issues as they were not members of the registered societies, violating the Societies Act 1966.
In a suit for injunction simplicitor, which is a remedy in personam, the court should not expand the scope of the litigation by allowing the impleadment of third parties against whom no relief is spe....
A society, as a juristic person, must be represented by the appropriate persons to maintain a writ petition under the Wakf Act, lacking locus standi otherwise.
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