Punjab Wakf Board vs Bawa Singh

H.S. Bedi, J.—Mr. Bhatia, the learned counsel for the appellant has urged that the lower Appellate Court had dismissed the appeal on the short ground that it had not been filed by a duly authorised person, although the trial Court had dismissed the suit on merits as well. He has urged that in the light of the judgments of this Court in R.S.A, No. 2056 of 1976 decided on 11th July, 1985 (Punjab Wakf Board v. Punjab State,); R.S.A. No. 1442 of 1976 decided on 19th February, 1986 (Punjab Wakf Board v. Aftab Singh etc.,); R.S.A. No. 1429 of 1976 decided on 13th November, 1984 (Punjab Wakf Board v. The Punjab State,) and R.S.A. No. 502 of 1979 decided on 25th November, 1991 (Punjab Wakf Board v. Mohd. Yakub,), the finding of the lower Appellate Court, cannot be sustained as it had been held by this Court that once a general resolution had been passed by the Wakf Board authorising a Person to file an appeal, the said resolution ensured for all subsequent litigations and no resolution had to be passed specifically in each case for filing of an appeal.

This appeal is, accordingly, allowed, the judgment of the lower Appellate Court is set aside and the case is remanded to the District Judge, Hoshiarpur, for disposal on merits. The appellant shall appear before the District Judge, Hoshiarpur, alongwith a copy of this order on 23rd July, 1997.