- (1.) LEAVE granted.
(2.) THIS appeal arises out of the decision of the High Court deciding a suit on merits in a second appeal. The suit had been filed by the appellant against the respondents for possession of land. It was claimed that the land was public wakf property and was gair mumkin kabristan (graveyard) meant for the dead bodies of the Muslim community. Issues were framed in the suit of which the first two need be noted for the purposes of this decision: "7. Whether its Wakf Officer is competent to file the present suit? Opd. 2. Whether the suit land is a public Wakf Board property? Opd." The trial court held that the property was not a public wakf and that the Wakf Officer was incompetent to file any suit. The question of competence was also based on a rejection of the document by which the Wakf Officer was alleged to have been authorised to initiate the suit.
(3.) THE appellant preferred an appeal before the IInd Additional District Judge, Gurdaspur. The appeal was dismissed on the ground that the Secretary of the Wakf Board was not duly authorised by resolution of the Board to file and present the appeal.;