Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation - Cannot be sanctioned in the absence of clear title - Title of party of a highly doubtful nature - No justification for changing of entries in the Jamabandi - Mutation has to follow determination of title and not precede it - Any substantive entry in Jamabandi - Has to be made in accordance with order of..........
Civil Procedure Code, -- Interim injunction restraining defendants from interfering in peaceful possession of plaintiff over suit land - Plaintiff claiming that Wakf Board had leased suit land in his favour - In earlier suit by father of plaintiff suit land alleged to be a grave-yard and Wakf Board gave undertaking before Court that it would not alienate suit land in any..........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Appeal, filing of by duly authorised person-Specific resolution requirement-Once a general resolution passed by Wakf Board authorising a person to file appeal - Resolution enures for all subsequent litigation-No resolution has to be passed specifically in each case for filing of appeal...........
Wakf Act, Section 15, 66H -- Wakf Board entitled to maintain action for possession by virtue of authority conferred by Section 15(1) read with Section 15(2)(i)-Section 66-H as incorporated by Amendment Act 1984-Retrospective in operation-Prithipal Singh's case 1977 PLJ 271 and Full Bench decision in Bachan Chand's case 1984 PLJ 142 FB Over-Ruled by Supreme Court in Punjab..........
Wakf Act, Section 22, 22A, 15(2)(i) -- Wakf Commissioner does not have powers of delegation of authority or powers vested in him-Wakf Board can delegate its powers and functions within limitation of Sections 15(2)(i), 22 and 22-A-Wakf Commissioner has to act not on the powers vested in him under the statute, but in accordance with powers conferred upon him by delegation..........
Muslim Law -- Mulla's Principles of Mohammedan Law, S.191 - Wakf - Validity - For validity of a Wakf it is essential that appropriation should not be made to depend on a contingency - A bequest creating a Wakf contingent upon life time of person in whose favour Will is made is invalid...........
Wakf Act, 1954, Section 2(1) -- Creation of Wakf- Founder must declare his intention to dedicate the property for the mosque - A specific declaration is necessary - The founder must divest himself completely from the ownership of the property - The divestment can be inferred from the fact that he delivered possession to the Mutawali or an Imam of the mosque - In absence of..........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 4(1), 4(2) -- Divorced Muslim Woman - Claim of maintenance for herself and two minor female daughters against Wakf Board - Petition to quash proceedings on plea that unless sub-section (1) of S.4 was got exhausted by proper order sub-section (2) of S.4 cannot be invoked - Held, provision is integrated whole..........
Constitution of India, 1950, Article 226 -- Challenge that property as notified not a wakf property-Objection that dispute cannot be settled under Articles 226/227 of Constitution and the only remedy available to petitioner to file a civil suit under Section 6 Wakf Act-High Court under Articles, 226/227 of Constitution cannot go into the fact whether a particular property..........
Adverse possession -- Wakf property - Law of adverse possession also applies to Wakf property - Construction raised on the land - Suit filed by Wakf Board for possession after 17 years - Suit dismissed. (Limitation Act, 1963, Art.65)..........
