SECRETARY BIHAR STATE SUNNI WAQF BOARD Vs. LEELA DEVI

JUDGEMENT

(1.) In a civil revision petition, the Secretary of the Bihar State Sunni Waqf Board (herinafter referred to as 'the Waqf Board') has challenged the validity of the Order dated 15th April, 1978, passed by the Lower Appellate Court.

(2.) The relevant facts are these: The plaintiff-decree-holder (opposite party No. 1) filed Title Suit No. 127 of 1962 in the Court of the Second Munsif, Arrah. The suit was decreed in favour of the plaintiff. The judgment and decree of the trial court were affirmed in Title Appeal No. 94 of 1967 by judgment and decree of the appellate court dated 9th December, 1976. The judgment and decree of the lower appellate court were also affirmed by the High Court in Second Appeal No. 29 of 1977 by order dated 27th January, 1978.

(3.) The petitioner-Waqf Board filed an application under Sub-section (3) of Section 57 of the Wakf Act, 1954 (29 of 1954) (hereinafter referred to as 'the Act') for a declaration that the decree passed in Title Appeal No. 94 of 1967 was void. This petition was filed by the Waqf Board within one month of its coming to know of such appeal. This petition was filed before the lower appellate court after the order of the High Court dismissing Second Appeal No. 29 of 1977 under Order 41, Rule 11 of the Code of Civil Procedure (hereinafter referred to as 'the Code') on 27th January, 1978. The petition was filed within one month from the date of the knowledge before the lower appellate court. In any event, the petition was filed after the order of the High Court dismissing the second appeal in limine.