Back
KARAMJIT SINGH
S. D. Education Trust Nabha – Appellant
Versus
Punjab Wakf Board – Respondent
JUDGMENT
Karamjit Singh, J. (Oral)
Instant revision petition has been filed by petitioner/plaintiff for setting aside judgment and decree dated 24.8.2015 passed by the Tribunal, Wakf Board, Patiala (for short 'the Tribunal'), whereby the suit filed by the plaintiff seeking declaration to the effect that the plaintiff-Trust is owner-in-possession of the suit property and that notice dated 17.2.2012 issued under Section 54(1) of the WAKF ACT and order dated 17.10.2012 passed by Estate Officer, Punjab Wakf Board are illegal null and void, has been dismissed.
2. The brief facts of the case are that the petitioner filed suit for declaration to the effect that the petitioner-Trust is owner-in-possession of the suit property No.B-II/997 measuring 200 square yards situated in Mohalla Aap, Nabha wherein the petitioner-Trust is running branch of S.D. Boys High School and for further declaration to the effect that notice dated 17.2.2012 issued under Section 54(1) of WAKF ACT and order dated 17.10.2012 passed by Punjab Wakf Board against Jatinder Kumar Bansal are null and void.
3. The suit was contested by the respondents, who filed written statement contesting the claim of the petitioner. On t
The Wakf Tribunal's dismissal of the counterclaim was quashed, mandating reconsideration of property classification in compliance with registration provisions under the Wakf Act.
The jurisdiction for disputes concerning Wakf properties lies exclusively with the Wakf Tribunal, not civil courts, reinforcing the necessity for timely legal action under the WAKF ACT.
Important PointGrants by way of service inams for the purposes recognized by the muslim law as pious, religious or charitable would clothe the property with character of wakf.
Civil courts lack jurisdiction over disputes involving Wakf properties as per the WAKF ACT, sections 83 and 85, which mandate that such matters be determined by the Wakf Tribunal.
The court asserted that ownership disputes under the Wakf Act do not preclude valid claims from individuals claiming title, regardless of Wakf notifications, provided they can substantiate their owne....
Wakf Tribunal lacked jurisdiction due to prior judgment in a civil suit settling the title, making the subsequent claims non-maintainable under Section 7(5) of the Wakf Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
