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...........
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...........
