Punjab Wakf Board, Ambala Cantt v. State of Punjab and Others
Case brief
What is this about?
Punjab Waqf Board writ petition dismissed; Civil Suit No.93/1971; judgment and decree dated 12.08.1974; issue 'whether the suit property is a waqf property?' answered against Waqf Board; no appeal preferred; decree attained finality; notification under Section 4 of Waqf Act, 1954 prior to decree has no bearing; counsel Mr. Malik; decided by Pankaj Jain on July 08, 2026; CWP-16556-2000 (O&M).
What did the court decide?
Once the civil court framed the specific issue 'whether the suit property is a waqf property?' and answered it against the Waqf Board, the Waqf Board cannot be allowed to avoid the decree without challenging it in appeal; once the judgment and decree has attained finality, the Waqf Board cannot turn back and still claim that the land is a waqf property. ¶5