PUNJAB WAKF BOARD Vs. MURTI HANUMAN JAI

JUDGEMENT

(1.) THIS appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for brevity, 'the Code') raises the following substantial question of law :-

(2.) THE appeal was infact decided by this Court vide its judgment dated 30.10.1992 upholding the concurrent findings recorded by both the Courts below holding that the land could not be presumed to be wakf property merely on the basis of its having been recorded in possession of Idgah and that Wakf could only be created by dedication in writing by a person professing Islam. It was further held that there was no evidence of user since times immemorial which may warrant an inference of dedication. The judgment of this Court dated 30.10.1992 was challenged before Hon'ble the Supreme Court on the ground that this Court did not take into account documents Ex. P-5 to P-17, which are jamabandies commencing from 1915-16 to 1965-66 nor anybody brought those documents to the notice of the Court because apparently no one had appeared for the parties. The judgment dated 13.10.1992 was set aside and the appeal has been remitted back to this Court for fresh disposal in accordance with law. It is how the matter has come up again.

(3.) LIKEWISE , Issue Nos. 5 and 6 were 'whether the deity has become owner of the disputed property by adverse possession and that the suit is time barred'. It was observed that the issues were not pressed by the learned counsel for the defendant-respondent and accordingly the same were decided in favour of the plaintiff-appellant. The suit was dismissed with costs vide judgment and decree dated 3.10.1975.