DHARAMPAL (DEAD) THR. LRS. versus PUNJAB WAKF BOARD & ORS.

DHARAMPAL (DEAD) THR. LRS. versus PUNJAB WAKF BOARD & ORS.

The appellant failed to establish title by adverse possession as continuous possession for the requisite 30 years against Wakf property was not evidenced; possession was interrupted by assertions of ownership by Wakf Board in 1971 and 1991. Plea of suit being barred by Order 9 Rule 9 CPC was not raised earlier and lacked merit; suit is not barred as parties and cause of action were different. Amendment to Wakf Act barring civil court jurisdiction was not notified and was repealed.

Parties
Appellant: Dharampal (Dead) Through LRS; Respondent: Punjab Wakf Board; Respondent: Respondent No. 2; Respondent: Respondent No. 3
Jurisdiction
India
Judgment Date
13 September 2017
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed
Legal Topics
Adverse Possession, Possession and Injunction, Maintainability of Suit, Wakf Property, Counter Claim, Jurisdiction of Civil Court
Property Law Civil Procedure Adverse Possession Possession and Injunction Maintainability of Suit Wakf Property Counter Claim Jurisdiction of Civil Court

Case Brief

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Parties

Dharampal (Dead) Through LRS

Appellant

Punjab Wakf Board

Respondent

Respondent No. 2

Respondent

Respondent No. 3

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the suit was barred under Order 9 Rule 9 of CPC
  2. 2 Whether appellant perfected title by adverse possession over Wakf property
  3. 3 Applicability of Section 66-G of the Wakf (Amendment) Act, 1984

Ratio Decidendi

The appellant failed to establish title by adverse possession as continuous possession for the requisite 30 years against Wakf property was not evidenced; possession was interrupted by assertions of ownership by Wakf Board in 1971 and 1991. Plea of suit being barred by Order 9 Rule 9 CPC was not raised earlier and lacked merit; suit is not barred as parties and cause of action were different. Amendment to Wakf Act barring civil court jurisdiction was not notified and was repealed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed. Decree passed by the appellate court upheld declaring Wakf Board to be owner and granting recovery of possession.