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SURESHWAR THAKUR, SUDEEPTI SHARMA
Gram Panchayat of Village Budho Pundher – Appellant
Versus
Punjab Wakf Board – Respondent
JUDGMENT :
Sureshwar Thakur, J.
1. Through the instant civil revision the petitioner seeks the quashing and setting aside of the impugned judgment and decree dated 25.11.2013, passed by Addl. District Judge (Tribunal Constituted under Section 83 of the Wakf Act, 1995), Kapurthala, (hereinafter referred to as ‘the Tribunal’) whereby, the learned Tribunal accepted the suit for declaration and permanent injunction and the defendant No. 1 therein (petitioner herein) was restrained from interfering into the peaceful possession of the plaintiff over the property, in dispute illegally and forcibly.
Facts of the case
2. The Punjab Wakf Board instituted a suit for declaration and permanent injunction to the effect that Punjab Wakf Board is the owner of the property in dispute and is in possession through its tenants and suit for permanent injunction restraining defendant No. 1 (petitioner herein) from interfering illegally and forcibly.
3. The said suit decreed vide impugned judgment dated 25.11.2013, for declaration and permanent injunction and the defendant No. 1 (petitioner herein) was restrained from interfering into the peaceful possession of the plaintiff over the property, in dispute ille
The Wakf Tribunal has exclusive jurisdiction over properties classified as Takia, graveyard, and Maszid, which are deemed public graveyards and cannot be divested by non-user.
The entry in the classification column of the relevant revenue entry, enjoys precedence over the entry in the revenue records describing the petition lands as Shamlat Deh.
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.
(1) In a Revision Petition scope of consideration is limited and judgment/order under challenge can be interfered only in event of there being perversity seen on face of order and if conclusion reach....
(1) Creation of Wakf – Alleged use of suit land as burial ground prior to 1900 or 1867 is not sufficient to establish a Wakf by user in absence of evidence to show that it was so used.(2) Principle o....
The court affirmed the authority of the Gram Panchayat to auction disputed land, ruling that the petitioner's claims of ownership were undermined by his own leasing actions and lack of evidence.
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....
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