Punjab Wakf Board vs Mohd. Yakub

G.R. Majithia, J.—The unsuccessful plaintiff has come up in regular second appeal against the judgment and decree of the first appellate court affirming on appeal those of the trial Judge whereby its suit for possession of the disputed property was dismissed.

The facts:

The property in dispute is a room attached to the mosque existing in Khasra No. 393, situated in the abadi, Kala Ghanpur, G.T. Road, Amritsar; that Abdul Wahid Khan, Field Inspector of the Punjab Wakf Board (hereinafter the plaintiff) was authorised to file the suit; that the property finds mentioned in the Surveyor Register of Wakf Properties maintained by the plaintiff and the defendant-respondent was in illegal possession of the same. The defendant-respondent did not contest the suit.

The trial Judge held that it had not been proved that Abdul Wahid Khan, Field Inspector, was authorised to file the suit and that the suit property was the Wakf Property and since title of the plaintiff was not established, the suit for possession was liable to be dismissed.

On appeal, the first appellate court affirmed the finding of the trial Judge.

It is painful that the courts below did not appreciate the settled proposition. Unless the averments in the plaints are specifically controverted, inference is deducible that the same were admitted to be true. It was never controverted that Abdul Wahid Khan, Field Inspector, was not authorised to file the suit on behalf of the plaintiff, by virtue of resolution (copy Ex. P7) - passed by the plaintiff, the Field Inspector were authorised to institute or defend suits for or against Wakf Board. The courts below are in error in holding that the suit was not filed by an authorised agent.

It was pleaded that the disputed property is a room attached to the mosque located in Khasra No. 393 situated in abadi Kala Ghanpur, G.T. Road, Amritsar. This plea was not controverted. By virtue of powers conferred under Sub-section (2) of Section 5 of the Wakf Act, 1954, the plaintiff issued list of Wakf properties existing in the composite Punjab State. The list is Exhibit P10. It evidences that in Khasra No. 393 measuring 0 K-18 Marlas situated in Kala Ghanpur in Amritsar District, a mosque exists. Nature of the property is described as religious. This documents establishes the existence of a mosque in Khasra No. 393. Presumption is inevitable that it is dedicated for religious purpose. In the light of this, there is no escape from the conclusion that room attached to the mosque is dedicated for religious purpose being a part of the mosque and an obvious inference is that it is of the same character as that of the building to which it is attached. The conclusions arrived at by the courts below are not sustainable at law.

For the reasons stated above, the appeal succeeds, the judgments and decrees of the courts below are set aside and the suit for possession of the disputed property is decreed in favour of the plaintiff, but with no order as to costs.