M. Jagannadha Rao, J. - (1.) This appeal is preferred by the Punjab Wakf Board against the Judgment of the Punjab High Court in R.S.A. No. 1712/1995 dated 6-12-1996. By that Judgment, the Punjab High Court confirmed the Judgment of the Additional District Judge, dated 5-10-94, which had affirmed the Judgment of the learned Subordinate Judge, Samrala dated 31-3-1992. All the Courts have dismissed the present suit filed by the Punjab Wakf Board on merits as well as on the ground that, by virtue of Section 13 of the Punjab Village Common Lands (Regulations) Act, 1961 (hereinafter referred to as the Act), the present suit was barred from the jurisdiction of the Civil Court. It is against this Judgment that the Punjab Wakf Board has come up in appeal.
(2.) The facts of this case, in brief are as follows:On 19-9-70 the Punjab Wakf Board issued a Notification under sub-section (2) of Section 5 of the Wakf Act, 1954, treating the property in question as a moslem grave-yard.
(3.) It appears that on 21-5-1972, the Director of Land Records, Punjab, wrote to the Revenue Officer concernd for mutation of the land in the name of the Punjab Wakf Board. Accordingly, the Patwari of the area mutated the property in the name of the Punjab Wakf Board. Thereafter, the matter was taken up by the Gram Panchayat (Gram Sabha) of Hariom Khurd, Tahsil Samrala, District Ludhiyana) before the Assistant Collector, Grade I, Samrala, contending that the property was community property which stood vested in the Gram Panchayat and could not have been mutated in the name of the Punjab Wakf Board. On that, notice was issued to the Punjab Wakf Board and evidence was also led by the parties. Learned counsel for the Gram Panchayat argued before the said Assistant Collector that the Gram Panchayat the owner of the property which was 'Gair Mumkin Kabaristan' according to revenue records. Moreover, it was being used for common purposes of all communities by the Gram Panchayat and was also a site for an annual fair. It was contended that the Punjab Wakf Board could have no claim over the property and that the mutation could not have been made in favour of the Wakf Board upon a letter from the Director of Land Records. On the other hand, it was contended by the Punjab Wakf Board that the property was under the ownership of the Punjab Wakf Board and was being used as a graveyard for Mohamma-dans exclusively and was not being used as a graveyard generally for all the members of the community.;