AMARJEET CHAUDHARY, J. - (1.) CHALLENGE herein is to the notification issued under Section 5 of the Wakf Act, Annexure P-8 on the ground that the property notified therein is not wakf property. This notification is not binding on third party like the petitioner. Reference in that behalf may be made to Punjab Wakf Board v. Natha Singh, 1988 PLJ 10 : 1988(1) RRR 112 (P&H)(DB).
(2.) THE contention is that the property in dispute as notified is not a wakf property and that the petitioner or its members are in possession thereof for the last more than 40 years in their own rights and that the property is not a wakf property within the meaning of Wakf Act. This raises a disputed question of fact and can be answered after the parties are afforded an opportunity to lead evidence in support of their respective stands. The petitioner is, therefore, relegated to the remedy of suit where all disputed questions of fact can be gone into. Petition dismissed.;