Wakf Act, 1954, Section 3 -- Wakf land - No evidence that suit land was ever dedicated by pious Muslims for charitable purpose - Though in some of the jamabandies suit land is recorded as grave yard, but no evidence to establish such user had continued after partition of country - Held, merely because a notification had been issued in 1979 describing it as a Wakf property..........
Wakf Act, 1995, Section 83, 85 -- Jurisdiction of Tribunal - Demarcation of property - Tribunal has jurisdiction in regard to any dispute, question or matter relating to Wakf property - Contention that Tribunal has jurisdiction regrading dispute of ownership only repelled - Moreover in the instant case Wakf Board is claiming that disputed land forms part of Wakf property..........
Wakf Act, 1995, Section 32 -- Lease of land - Land, which was part of Muslim graveyard since time immemorial, given on lease by Wakf Board - Held, Board has no right to least out property - Act does not confer, untrammeled right on Board to deal with Wakf property in any manner - It would always be open to any beneficiary to successfully maintain an action for setting..........
Wakf Act, 1995, Section 99(1) -- Wakf Board - Supersession - On ground of mutual antipathy between Chairperson and members - Not a ground to supersede the Board - No material to show that Board was unable to perform its duties or that the continuance of the Board is likely to be harmful to the interest of the Wakf - Order of supersession set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for possession - Application for amendment of plaint to incorporate plea that suit property owned by Punjab Wakf Board and is leased to plaintiff - Declined by trial Court on the ground that number of suit property as mentioned in plaint and lease deed is different - At the stage of considering..........
Wakf Act, 1995, Section 5, 36, 37, 92, Uttar Pradesh Muslim Wakfs Act, 1960, Section 29, 49A, 57A -- Wakf - Alienation of wakf properties - Obligation of wakf character of properties - Wakf of properties created - Son appointed mutwalli - Wakf registered u/s 29 of Act, 1960 - Gazette notification issued u/s 5(1) of the Act 1960 - Wakf and its properties duly registered in..........
Wakf Act, 1954, Section 25(8) -- Registration of Dargah/property as Wakf - Limitation - Application made 12 years after coming into force of the Act - Board declared Dargah as Wakf - Application for registration could have been filed only within 3 months from the date of coming into force of the Act - Board has no jurisdiction to entertain time barred application...........
Wakf Act, 1995, Section 32 -- Power of Tribunal - Scheme for managing affairs of Wakf - Tribunal consituted under the Act is not empowered to frame such scheme - Board alone is vested with powers to frame schemes - Tribunal is an adjudicatory body, it cannot usurp the jurisdiction of the Board...........
Wakf Act, 1995, Section 40, 83 -- Property whether wakf or not - Decision of Wakf Board - Can be modified or revoked only by the Wakf Tribunal...........
Wakf Act, 1954, Section 6 -- Gazette notification that suit property is wakf property - Suit for declaration that it is bad in law - High Court holding that limitation to file suit is one year beginning from date of publication of list of wakf properties - Held, requirement to file suit within one year is in connection with any dispute between Wakf Board on one hand and..........
