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YOUNG
Mosque Known As Masjid Shahid Ganj – Appellant
Versus
Shromani Gurdwara Parbandhah Committee – Respondent
JUDGMENT
Young, C J - This is an appeal from the Court of the learned District Judge of Lahore. The plaintiffs brought a suit in the lower Court praying for a declaration that a certain parcel of land known in this case as Shahid Ganj was and is the site of a wakf mosque, dedicated to God; that the mosque could not be used for any purpose which, according to Mahomedan law, was opposed to the purposes of a mosque, and that plaintiffs Nos. 2 to 18, and also all other followers of Islam, had a right to use the mosque for the purposes of worship without let or hindrance by any one. Consequential relief was claimed in the form of a mandatory injunction to the following effect, that the defendants: (a) Should not use plaintiff No. 1 (i.e the mosque itself) for any purpose which may be contrary to its sanctity and use according to Mahomedan law; (b) Should not in any way interfere in the plaintiffs Nos. 2 to 18's rights of worship relating to the said mosque; and (c) Should re-construct the portion of the mosque which was demolished by them on the night between 7th and 8th July 1935, in the same shape and form as it was before demolition. In the alternative, the plaintiffs claimed damages
The court ruled that the plaints disclose a valid cause of action, are not barred by limitation, and the religious character of the property requires evidence to be determined at trial.
The Places of Worship Act, 1991 does not bar the determination of the religious character of a place of worship, which must be established through evidence in court.
Expression ‘waqf by user’ finding place in Section 3 (r) (i) of the Act is a defined expression and is not qualified by any word to suggest that it has to be of immemorial user, the Court would have ....
The property was determined to be Wakf, with sales executed without the Wakf Board's sanction declared void, affirming the Muthavalli's right to maintain the suit.
Wakf Property - Rejection of plaint - Bar to the tenability of the suit in the absence of prayer of possession, does not apply with equal force.
A deity, being a perpetual minor, holds title to its assets; a worshipper may institute a suit as a next friend to recover property when a trustee acts fraudulently or fails to protect the trust, all....
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