Two connected civil revisions were dismissed. The Court upheld the Wakf Tribunal's decree limiting Wakf property to notified extents and excluding portions derived from Central Government sales or leases found in lower records.
Civil revisions C.R. Nos. 3026 of 2009 and 3389 of 2009 were dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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C.R. No.3026 of 2009
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
C.R. No.3026 of 2009 Date of Decision.05.09.2013
Punjab Wakf Board, Ambala Cantt through its Estate Officer Sh. Abdus Salam, Punjab Wakf Board, Jalandhar .......Petitioner
Versus
Dharam Pal son of Lachhman Dass and others ......Respondents
Rama Nand Shastri son of Rja Ram Pancday, E.G. 814, Sharma Market, Mohalla, Gobingarh, Jalandhar .......Petitioner
Versus
Dharam Pal son of Lachhman Dass and others ......Respondents
Present: Mr. Vivek Sethi, Advocate for the petitioner in C.R. No.3026 of 2009.
Mr. Mohd. Yousuf, Advocate for the petitioner in C.R. No.3389 of 2009.
Mr. R.S. Bajaj, Advocate for respondent Nos.3 and 4 in C.R. No.3026 of 2009 and for respondent No.3 in C.R. No.3389 of 2009.
Mr. S.K. Pipat, Senior Advocate with Mr. Manoj Pundir, Advocate for respondent No.13 in C.R. No.3389 of 2009.
Mr. Harsh Bunger, Advocate for respondent Nos.7 to 9.
CORAM:HON'BLE MR. JUSTICE K. KANNAN
K. KANNAN J. (ORAL)
Board and the 12th respondent before the Court below. The suit was filed Kamboj Pankaj Kumar 2013.09.10 11:23 I attest to the accuracy and integrity of this document Chandigarh
C.R. No.3026 of 2009
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by the Wakf Board with reference to the property in 23 kanals 8 marals claiming the property belonged to the wakf and the adjudication was sought by the Wakf Board in view of the defence taken by some of the defendants that they had purchased the property from the Central Government directly and some of them had obtained lease from the Central Government. Consequently, in respect of the property which was held by them, the plaintiff cannot obtain any declaration that the property was wakf.
the property which is dedicated as wakf will not detract from its character
Kamboj Pankaj Kumar 2013.09.10 11:23 I attest to the accuracy and integrity of this document Chandigarh
C.R. No.3026 of 2009
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as wakf property. Adverting to the rival contentions made by the parties where the defendant was setting up title in the Central Government and subsequent purchase from the Central Government with reference to 18 marlas, the Tribunal made a reference to the decisions cited by both counsel and elicited the legal principles that (i) the notification issued under the Wakf Act will bind only parties interested in the wakf, who support the claim to wakf and muttawali and a third party in possession cannot be bound by any such notification and (ii) if the title to the property in wakf itself is denied, it is incumbent on the Wakf Board which seeks an adjudication that the entire property in respect of which it was making a claim was dedicated in wakf and was treated a such. The Court found that when the jamabandi for the years 1960-61 and 1974-75 showed the property to be the Central Government property and that even a mutation that was effected in the year 1991 pertained only to an extent of 450 marlas, ruled that an extent in excess of 450 marlas cannot be taken to be a property established as wakf since the contesting defendants made a claim only with reference to 18 marlas on the basis of the transactions D1, D2, D13 and D14. The Tribunal while granting a decree excluded the properties covered under these transactions and granted a decree only as regards the remaining properties and against defendants No.3 to 6, 11 and 12.
Kamboj Pankaj Kumar 2013.09.10 11:23 I attest to the accuracy and integrity of this document Chandigarh
C.R. No.3026 of 2009
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2009, it is filed at the instance of the 12th respondent. In fact, the plaintiff has not sought for any relief against the 12th respondent and wanted to contend that whole of the property was the property belonging to the wakf and that the 12th respondent was interested in accepting the title to the property held by it. There was clear case of misjoinder of parties by the Wakf Board impleading in suit persons against which it did not seek for relief but evidently the attempt was to secure an admission from amongst the persons, who were cited as adversaries when they were not. The 12th respondent had his own story, having suffered adverse decisions that had come up to the High Court, where respondent Nos.3 and 4 had secured an ejectment order against the 12th respondent. Respondent Nos.3 and 4 were also contending for a right in the property which was not covered by the decree passed by the Tribunal and which was an excluded portion of 18 marlas. The 12th respondent had, therefore, attempted to get over the effect of the order of ejectment by setting up title in the Wakf Board. Consistent with my finding rendered in C.R. No.3026 of 2009 that the Wakf Board's title to the property cannot be in excess of 450 marlas, the title sought to be set up by the petitioner in C.R. No.3389 of 2009 for even the property in excess of 450 marals cannot be favourbaly considered.
be dismissed and accordingly dismissed in terms of reasonings rendered in the connected civil revision in C.R. No.3026 of 2009.
(K. KANNAN) JUDGE
September 05, 2013 Pankaj*
Kamboj Pankaj Kumar 2013.09.10 11:23 I attest to the accuracy and integrity of this document Chandigarh
2 issues framed by the court
Whether the High Court should interfere with the Wakf Tribunal's decree excluding certain properties claimed by the Central Government.
Whether the petitioner can set up title to the entire property in the connected revision where relief was not sought against a specific respondent.
Punjab Wakf Board through its Estate Officer Sh. Abdus Salam
Dharam Pal son of Lachhman Dass and others
Rama Nand Shastri son of Rja Ram Pancday
Dharam Pal son of Lachhman Dass and others
K. KANNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
