Waqf Act, 1954:
ss.4, 5(2) and 6 proviso - Suit u/s. 6 seeking declaration that the subject property was not Waqf-Al-Allah, but Waqf-Alal-Aulad - Suit was filed beyond statutory period of one year - Courts below held that suit was barred by limitation and hence not maintainable - Appeal to Supreme Court - Held: Suit was undisputedly preferred beyond statutory period of limitation - Once the property is registered as Waqf-Al-Allah the dispute regarding nature of Waqf is open to be examined only within the four corners of s.6 and hence the limitation period as provided in proviso to s.6 would be applicable - Limitation will not be guided by s.113 of Limitation Act - Limitation Act, 1963 - s.113.
s.56 - Applicability of - To the proceedings under Chapter II - Held: s.56 deals with the judicial proceedings under Chapter VII - It has no application to the proceedings under Chapter II. Dismissing the appeal, the Court
HELD: 1.1 It is not disputed that after affording opportunity of hearing to the respective parties including the appellant/plaintiff, a finding has been recorded by the Survey Commissioner of Wakfs in its report dated 2nd January, 1965 holding the subject property with attached lands, shops, buildings and other premises as “Wakf-Al-Allah” and according to the report, the subject property was included in the list of wakfs and published in the Official Gazette in terms of sub-section (2) of Section 5 of the Act, 1954 dated 2nd December, 1965 and the suit for declaration was instituted before the Court of competent jurisdiction under Section 6 of Act, 1954 on 17th January, 1967. The suit was preferred beyond a statutory period of limitation of one year and this statement of fact has not been disputed by the appellant also in his pleadings.A concurrent finding of fact has been recorded by all the three Courts and there is no manifest error in the finding of fact recorded by the Courts below which needs interference. [Paras 14, 15 and 19] [1011-B-D; 1014-F]
1.2 The Parliament, in its wisdom, considered it appropriate to attach finality to the list of wakfs published in the Gazette added a proviso to Section 6 which has been couched in the negative words that no suit shall be entertained after the expiry of one year from the date of publication of the list of wakfs under sub-section (2) of Section 5 of Act, 1954. [Para 17] [1014C-D]
1.3 Once the property, after the survey, has been registered in the list of wakfs as Wakf-Al-Allah on the basis of the finding recorded by the Survey Commissioner in its report, the dispute regarding the nature of wakfs registered is open to be examined only within the four corners of Section 6 of Act, 1954. The plea of the appellant that subject property being WakfAlal-Aulad, Section 6 has been erroneously referred to and the limitation has to be guided by Section 113 of the Limitation Act, is without substance. [Para 20] [1014-H; 1015-A]
2. Section 56 of the Act, 1954 is dealing with the judicial proceedings under Chapter VII and if any person is aggrieved by any action/inaction of the Board, other than the one which has been specified under Chapter II, it has to serve a legal notice and on expiry of two months, suit could be instituted against the Board and it is not open for the appellant to invoke Section 56 of the Act, 1954 in support of his defence which, in the instant case, has no application. [Para 21] [1015-C-D]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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