Punjab Wakf Board Ambala Cantt Through Its Estate Officer Sh. Abdus Vs. Dharam Pal Son of Lachhman Dass and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1067327
CourtPunjab and Haryana High Court
Decided OnSep-05-2013
AppellantPunjab Wakf Board Ambala Cantt Through Its Estate Officer Sh. Abdus
RespondentDharam Pal Son of Lachhman Dass and Others
Excerpt:
c.r. no.3026 of 2009 -1- 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 2. c.r. no.3389 of 2009 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. manot 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 1 whether reporters of local papers may be allowed to see the judgment ?. no 2. to be referred to the reporters or no.?. no 3. whether the judgment should be reported in the digest?. no -.- k. kannan j.(oral) 1. the two civil revisions are filed at the instance of the wakf 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 -2- 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.2. before the wakf tribunal, the wakf boaard filed documentary evidence namely a notification issued under section 5 of the wakf act and mutation which was made in the year 1991 with reference to property of 450 marlas as the basis for a claim that whole of the property belonged to them. the contesting defendants were d1, d2, d7, d8 and d9. they claimed that they were owners of 18 shares out of the total extent of 468 marlas and staked the claim in relation to the property through lease and sale deeds dated 17.02.1960, 16.05.1961 the respective dates of sale and d13 and d14 the respective leases in favour of some of them. the defendants were also making reference to exs.d20, d21 and d22, being jamabandies for the various years from the year 1960-61, 1974-75 showing property to be the property that had belonged to the central government.3. before the tribunal, the contention on behalf of the wakf board was that a property which is notified as wakf must be taken as wakf and if whole of the property were shown to be kabristan, it must be treated as a wakf property for once a wakf, it shall always be considered to be a wakf. the plaintiff would also argue that the cessation of user of 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 -3- 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 12.4. i find the judgment of the tribunal to be correct and the reasoning to be perfectly justified and there is no scope for interference. the civil revision filed by the wakf board in c.r. no.3026 of 2009 would deserve dismissal and accordingly dismissed.5. as regards the connected civil revision filed in c.r. no.3389 of 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 -4- 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.6. the civil revision in c.r. no.3389 of 2009 would also require to 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
Judgment:

C.R. No.3026 of 2009 -1- 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 2. C.R. No.3389 of 2009 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. Manot 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 1 Whether Reporters of local papers may be allowed to see the judgment ?. No 2. To be referred to the Reporters or No.?. No 3. Whether the judgment should be reported in the Digest?. No -.- K. KANNAN J.(ORAL) 1. The two civil revisions are filed at the instance of the Wakf 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 -2- 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.

2. Before the Wakf Tribunal, the Wakf Boaard filed documentary evidence namely a notification issued under Section 5 of the Wakf Act and mutation which was made in the year 1991 with reference to property of 450 marlas as the basis for a claim that whole of the property belonged to them. The contesting defendants were D1, D2, D7, D8 and D9. They claimed that they were owners of 18 shares out of the total extent of 468 marlas and staked the claim in relation to the property through lease and sale deeds dated 17.02.1960, 16.05.1961 the respective dates of sale and D13 and D14 the respective leases in favour of some of them. The defendants were also making reference to Exs.D20, D21 and D22, being jamabandies for the various years from the year 1960-61, 1974-75 showing property to be the property that had belonged to the Central Government.

3. Before the Tribunal, the contention on behalf of the Wakf Board was that a property which is notified as wakf must be taken as wakf and if whole of the property were shown to be kabristan, it must be treated as a wakf property for once a wakf, it shall always be considered to be a wakf. The plaintiff would also argue that the cessation of user of 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 -3- 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.

4. I find the judgment of the Tribunal to be correct and the reasoning to be perfectly justified and there is no scope for interference. The civil revision filed by the Wakf Board in C.R. No.3026 of 2009 would deserve dismissal and accordingly dismissed.

5. As regards the connected civil revision filed in C.R. No.3389 of 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 -4- 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.

6. The civil revision in C.R. No.3389 of 2009 would also require to 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