M.P.Accommodation Control Act, 1961 -- Joint Family Property - Two brothers purchasing shop and filed eviction petition on ground of bonafide requirement - Plea of tenant that it was Wakf Property which he failed to prove - Concurrent finding as to bonafide need of landlord - High Court set aside eviction order on ground that it was joint family property and landlords were..........
Wakf Act, 1995, Section 83(5) -- Wakf Tribunal is deemed to be a civil Court - It has same powers as exercised by civil Court under CPC while trying a suit or executing a decree or order - It is competent to issue injunctions in terms of O.39.Rr.1, 2 r/w S.151 CPC. (Civil Procedure Code, 1908, S.151, O.39.Rr.1, 2)...........
Wakf Act, 1954, Section 56 -- Lease of land by Wakf Board - Lessee allowed to raise construction after the execution of lease deed - Board accepted rent at a revised rate from lessee even after the expiry of lease period - Held, lease deed not void - There was implied consent of Board to the lease executed by the Secretary to the Board - The action of the Secretary stood..........
Wakf Act, 1954, Section 56, Transfer of Property Act, 1882, Section 106(3) -- - Courts can grant lesser relief than claimed, in the facts and circumstances of the case - In suit for possession along with structure, appellate court decreed suit for possession, directing defendants to hand over possession of the plots leased, after removing the malba which belong to the..........
Wakf Act, 1995, Section 83, 85 - - Jurisdiction - Principle Court - Suit was filed in the Court of District Judge, Kangra at Dharamshala being the principal Civil Court of original jurisdiction - Held, it would be deemed to have been filed in accordance with the provisions of S.83 of the Act - It being so, the bar u/s 85 of the Act ibid would not come into play and more..........
Wakf Act, 1995 -- Wakf property - In possession of tenant - Ejectment of tenant ordered on ground of arrears of rent - Held, in view of Punjab Notification dated 19.5.1976, provisions of Rent Act not applicable - Ejectment after issuing notice u/s 106 of Transfer of Property Act rightly ordered...........
Wakf Act, 1954, Section 3(1), 5, 17, Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Entries in Revenue Record not conclusive proof of ownership - Government Gazette Notification shows Wakf Board as owner - Jamabandi showing land as shamlat - Held, Wakf Board owner...........
Wakf Act, 1995, Section 85 -- Suit for possession and recovery of rent filed after termination of tenancy by Haryana Wakf Board - Jurisdiction of Civil Court is barred u/s 85 of the Act - It cannot be said that such like matters are required to be decided by a Civil Court and the Wakf Tribunal has no jurisdiction...........
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..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit property relating to Wakf - Suit triable by Tribunal created under Wakf Act - Civil Court has no jurisdiction - Suit dismissed...........
