BACHAN SINGH Vs. PUNJAB WAKF BOARD AMBALA

JUDGEMENT

(1.) DO the provisions of S. 15 of the Wakf Act 1954 impliedly repeal or completely override those of S. 11 of the Administration of Evacuee Property Act is the core question which has necessitated this reference to the Full Bench. Equally at issue is the correctness of the earlier judgments in Prithipal Singh v. Punjab Waqf Board, 1977 Pun LJ 271 and Khushi Ram v. Punjab Waqf Board, 1981 Pun LJ 572 holding categorically to the contrary.

(2.) THE Punjab Waqf Board had instituted the suit against the defendant appellant for possession of the agricultural land measuring 9 Kanals 13 Marlas situated in village Bassi Babu Khan, tehsil and district Hoshiarpur. It was alleged that the property in dispute was Waqt Property in terms of Section 66-C of the Waqf Act and was vested in the Custodian in trust for public purposes of religious and charitable nature. It was the stand that the Waqf Act 1954 (hereinafter called the Act) was applied and enforced in Punjab with effect from the 10th of Oct. , 1959 and this property was transferred by the Custodian to the plaintiff-Waqf Board registered under Section 25 of the Waqt Act, 1954: It was alleged that the defendant-appellant was in forcible possession of the property in dispute since 1970 and was holding it on behalf of the Custodian and consequently his possession was of a permissible nature and in essence of a licensee.

(3.) THE defendant-appellant controverted the averments made on behalf of the plaintiff and claimed himself to be a tenant-at-will under the plaintiff-Board at the rate of Rs. 15/- per Kanal as its rent. Particularly the defendant-appellant challenged the jurisdiction of the Civi1 Courts to try the suit.