Court : Mumbai
Reported in : (1979)81BOMLR257
..... it is well-settled that the special law must over-ride the general law like the law of limitation and what is contained in the public wakfs (extension of limitation) act, 1959, as amended from time to time, therefore, applied to the case. ..... it was contrary to the evidence on record which is already discussed at length and it was also in contravention of the provisions of the public wakfs (extension of limitation) act, 1959 as amended from time to time which enabled the suit in respect of a public wakf to be filed upto december 31, 1970.53. ..... the net result of the public wakfs (extension, of limitation) act, 1959 as amended from time to time, till act no. ..... the learned civil judge although he referred to this act, did not bear in mind the amendments and the dates mentioned in section 3; and without applying his mind to the case set up by the defendants individually, wrongly held that the public wakfs (extension of limitation), act, 1959 did not apply to the facts of the present case.48. ..... moreover, perhaps in view of some of the decisions of the privy council and the supreme court referred to above and with a view to see that the public wakf property was not misused by private persons, the parliament enacted the public wakfs (extension of limitation) act, 1959, act no, 29 of 1959, which came into force on september 1, 1959, to extend the period of limitation in certain cases for suits to recover possession of immovable property forming part of public wakfs,40. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1985Kant177
..... even assuming that the date of death of the mutawalli in the year 1950 is the commencement of defendant-1's alleged adverse possession, in view of the extension of the period of limitation by virtue of the public wakfs (extension of limitation) act, 1959 (as amended from time to time) the plaintiffs' suit for possession of the suit properties was in time.19. ..... the plaintiffs have further pleaded that the suit is in time by virtue of public wakfs (extension of limitation) act, 1959 (central act 29 of 1959) as amended by act no. ..... 8th april 1937 under which the plaintiffs trace their title, is not proved in accordance with law and consequent dedication of the suit properties by way of wakf is not proved; (iii) that the public wakfs (extension of limitation) act, 1959 (act no. ..... 3 of the public wakfs (extension of limitation) act, 1959 reads as follows :'sec. 3. ..... in the view i have taken it appears to be unnecessary to consider the applicability of the public wakfs (extension of limitation) act, 1959. ..... he has also pleaded that the suit is not in time and the public wakfs (extension of limitation) act is not applicable to the facts of the present case. ..... 144 of the first schedule to the indian limitation act, 1908, for possession of any immovable property forming part of a public wakf or any interest therein has been dispossessed, or has discontinued the possession, at any time after the 14th day of aug. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR1614
..... of the mutawalli in the year 1950 is the commencement of defendant-1's alleged adverse possession, in view of the extension of the period of limitation by virtue of the public wakfs (extension of limitation) act, 1959 (as amended from to time) the plaintiffs' suit for possession of the suit properties was in time.19. ..... suit is in time by virtue of public wakfs (extension of limitation act, 1959- central act 29 of 1959) as amended by act no. ..... wakf deed dated 8th april 1937 under which the plaintiffs trace their title, is not proved in accordance with law and consequent dedication of the suit properties by way of wakf is not proved;(iii) that the public wakf (extension of limitation) act, 1959 (act ..... sides have addressed arguments on this aspect, i shall briefly deal with the same.section 3 of the public wakfs (extension of limitation) act, 1959 reads as fellows :'section 3. ..... to be unnecessary to consider the applicability of the public wakfs (extension of limitation) act, 1959. ..... the suit is not in time and the public wakfs (extension of limitation) act is not applicable to the facts of the ..... where a person entitled to institute a suit of the description referred to in article 142 or article 144 of the first schedule to the indian limitation act,1908, for possession of any immovable property, forming part of a public wakf or any interest therein has been dispossessed or has discontinued the possession, at any time after the 14th day of august 1947 and before the 7th day of may 1954, or, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC840; 2008(5)ALLMR(SC)462; (SCSuppl)2009(1)CHN25; JT2008(9)SC115; 2009(1)MhLj43; (2008)7MLJ534(SC); 2008(11)SCALE52; (2008)9SCC306
..... therefore, the interpretation to be placed should be purposeful meaningful and reasonable not giving rise to anomalies and unintended situations.h) the issue of limitation in reference to disputes between the parties under the wakfs act, 1954 is also dependant upon a consideration of the public works (extension of limitation) act, central act 29 of 1959 and the subsequent wakf (tamil nadu amendment) act, 1982 in and by which section 59-a and 59-b were inserted in the central act of 1954. ..... the public property (extension of the limitation) act 1959 had extended the time limit in cases like this so that these cases could be filed until 31.12.1970 if the transfers were made between 14.8.1947 and 7.5.1954.3. ..... in this connection, attention was drawn to sections 59a and 59b of the wakf (tamil nadu amendment) act, 1982 (act 34 of 1982) which safeguards the right to recover property of the wakf and overrides the limitation act from 15th of august, 1947. ..... above authorities, we are of the view that in the present case, once it is held that the suit for possession of the suit properties filed at the instance of the wakf were barred under the limitation act, 1908, the necessary corollary would be to hold that the right of the wakf to the suit properties stood extinguished in view of section 27 of the limitation act, 1963 and therefore, when section 107 came into force, it could not revive the extinguished rights. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(2)ALT364
..... for the purpose of eviction of the appellants was stated as 14th august, 1947 and 7th may, 1954 when the respondents were dispossessed from the suit lands but it was claimed that as per the public wakfs extension of limitation act no.29 of 1959 as amended by act no.15 of 1978 on 25-4-1978 the suit is within limitation. ..... the learned counsel for the appellants submits the periods of limitation for the suit to be either under articles 58, 100, 107 or 113 of the limitation act, 1963 of which article 107 has the maximum limitation period of twelve years. ..... b-18 and b-2 shows the appellants are in possession of the lands much beyond 12 years of the suit asserting their own right and hence the suit cannot be said to be within limitation, either if the suit is one based on title or even if it is a suit under article 65 of the limitation act. ..... on 16 teer 1358 fasli corresponding to the year 1948, objections were made by syed ahmed hussaini and syed chanda hussaini and an enquiry was made by the deputy collector under the provisions of the atiyat enquiries act wherein the decision ex.a-2 was given on 30-9-1954, while overruling the objections, that the rights of the objection petitioners i.e. ..... going into the question of the suit being liable to be brought under which article, yet taking the maximum period of limitation as twelve years, o.s.no. ..... respect, we are unable to agree as such a suit to set aside or vary the decision of the atiyat court must be brought within the period of limitation. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR679; 1990(1)KarLJ270
..... chargeable in respect of suits for the restoration of properties of the nature contemplated under the public wakfs (extension of limitation) act, 1959, shall be reduced to a maximum of rs.15 in respect of the said suits in the whole of the state of karnataka .in exercise of the powers conferred by subsection (1) of section 70 of the karnataka court fees and suits valuation act, 1958 (karnataka act 16 of 1958) the government of karnataka being of the opinion that it is necessary in public interest so to do, hereby directs that the fee chargeable in respect of suits and appeals for ..... the language of 1961 notification makes it clear that it applies to 'suits for restoration of properties of the nature contemplated under public wakfs (extension of limitation) act, 1959 (central act 29 of 1959)'; whereas the notification of 1983 applies to 'suits and appeals for restoration, declaration and cancellation in respect of properties' notified under section 5(2) of the wakf act, 1954 (central act 29 of 1954) or registered under section 25 and 28 of the said wakf act, if the suit is filed by the karnataka board of wakfs. ..... no such amendment having been done in karnataka is brought to my notice. ..... by local amendments in andhra pradesh, delhi and tamil nadu this period was further extended to 31-12-1972. .....
Tag this Judgment!Court : Chennai
Reported in : (1986)1MLJ13
..... the attempt of the plaintiff to maintain that the suit was within time by placing reliance on section 3 of the public wakfs (extension of limitation) act, 1959 (act 29 of 1959), hereinafter referred to as 'act 29 of 1959'. ..... apparently do not fall within the two outer limits contemplated in section 3 of the act 29 of 1959, namely, 14.8.1947 and 7.5.1954. ..... placed on article 96 of the limitation act, 1963 is a total misconception.3. ..... by the plaintiff before the lower appellate court on article 96 of the limitation act, 1963. ..... could not be a case of dispossession or discontinuance of possession within the meaning of section 3 of act 29 of 1959, the lower appellate court has assumed that dispossession must have taken place only on the date of ..... the said provisions, with the relevant amendments, contemplates that a suit for possession of any immovable property, forming part of a public wakf or any interest therein can be instituted before 31.12.1972, if the person entitled to institute a suit has been dispossessed or has discontinued the possession at any time after the 14th day of august, 1947 ..... if the plaintiff must fail on the ground of limitation, assuming that the property is wakf property, then it will be unnecessary to go into the question of the ..... under this article need not necessarily be a de jure one, and it could be a de facto one, the supervisory powers of the wakf board under the statute are not synonymous with the powers of a person put in charge of management of the endowment. .....
Tag this Judgment!Court : Chennai
Reported in : (1999)2MLJ294
..... proceedings, which reads as follows:notwithstanding anything to the contrary contained in the limitation act, 1963 (central act 36 of 1963) or in any other law for the time being in force, where any suit or proceeding for the recovery of the property or funds of any wakf or for the recovery of rent or mesne profits in respect of the property of any wakf has been dismissed or before the date of the publication of this act in tamil nadu government gazette, by any court or other authority and if ..... the combined effect of section 15(1) and 15(2) of the wakfs act would certainly be sufficient to designate the wakf board as a manager for the purpose of recovery possession of wakf property and consequently the board could certainly be termed as 'manager' contemplated by the third column to article 96 of the limitation act, 1963 and if so construed, the constitution of the wakf board under the statute could certainly be construed to the appointment of the wakf board as 'manager' of the wakf in question, because even the word' 'appointment' just ..... there is no dispute that the suit is governed by article 96 of the limitation act, 1963 and if the suit is filed within 12 years of the constitution of the wakf board, it can be safely concluded that the suit is filed within the ..... is relevant to look into the tamil nadu act 34 of 1982 (the wakf (tamil nadu) amendment act). ..... 59-b relates to extension of period of limitation for suits to recover rent and mesne profits of wakfs. ..... kuppa sah (1959) 1 m.l.j .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2007)4PLR502
..... only plea taken by the appellant was that public wakfs (extension of limitation) punjab amendment act, 24 of 1976 was passed under which the appellant was entitled to maintain the suit till 31.12.1976 and as the suit was filed on 2.1.1975 the same was to be treated to be within limitation.6. ..... contention of the learned counsel for the appellant is that in view of section 107 of the punjab wakf act, 1995 as no limitation is prescribed the impugned judgments and decrees be set aside. ..... evidence it was proved on record that illegal possession of the defendant-respondents had come to the notice of the wakf board in the year 1961 and therefore, the suit filed beyond 5 years was beyond limitation and hostile possession of the defendant-respondents had matured into ownership right.7. ..... learned counsel for the appellant has contended that in view of the new act there was no limitation and therefore, the impugned judgment and decree cannot be sustained. ..... any limitation is prescribed for filing a suit for possession by the wakf board?9 ..... decree passed by the learned trial court was also dismissed and the finding recorded by the learned trial court was affirmed in view of the admission made in the cross-examination that the wakf board had come to know about the illegal possession in the year 1961.8. ..... was considered and the learned trial court came to the conclusion that the provisions of the act were to apply only to those cases which came to the knowledge of the punjab wakf board subsequently. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1981All52
..... 18, 1969 by syed shamshad imam for possession of the land in suit on behalf of the waqf was within limitation as extended under the public waqf (extension of limitation) act, 1959 (parliament act no. ..... 29 of 1959) as amended by the public waqfs (extension of limitation) amendment act, 1969 (parliament act no. ..... the question, however, loses importance for even on the assumption that the objects and reasons could be looked into, it is clear from the perusal thereof, in the instant case, that the act contemplated extension of limitation not only in cases where the mutwalli in charge of the waqf property had migrated to pakistan but also in those cases where they had stayed behind. ..... the argument further is that unless it was heldthat the act contemplated extension of limitation only in cases where the mutwallis had migrated to pakistan, the provisions thereof would be hit by article 14 of the constitution for want of a valid classification for treating the property of a muslim waqf differently from that of other ..... the choice of immovable property permanently dedicated by a person professing islam, for extension of limitation for suits for the recovery of possession in respect of dispossession during the aforesaid period, for special treatment in the matter of limitation was clearly proper and had rational relationship with the object sought to be achieved by the act. .....
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