Can warrant of possession be issued against me
Guest
(Querist) 22 November 2011
This query is : Resolved
A case is decreed against me and infavour of wakf board in the year 1967 and 1968.Today plaintiff wakf board appeared before DSP for possession.DSP asked the wakf authority to file warrant of possession in the court to take possession of wakf property.Pls guide me whether court can issue warrant of possession against me
ajay sethi
(Expert) 22 November 2011
yes no period of limitation for taking over possession . you have lost the case and you are a encroacher on said property
In fact, in the
extant Wakf Act, 1995, there is no period of limitation because there is a
specific provision, being Section 107, to the effect that the provisions of
Limitation Act, 1963 will not apply for filing suits for the recovery of Wakf
property.
prabhakar singh
(Expert) 22 November 2011
Mr.Sethi has shut the door of any contrary opinion.I agree with him.
Raj Kumar Makkad
(Expert) 22 November 2011
Section 107 is related with filing of case but there is no provision of filing execution petition therein. As per query the case was decreed in 1967-68 in favour of Wakf Board but the same was not got executed even after expiry of more than 44 years so Limitation Act shall definitely come in the way.
A fresh suit is not barred under this special act.
Raj Kumar Makkad
(Expert) 22 November 2011
No Court is going to issue warrant of possession on the basis of decree passed in the year 1967-68.
Shonee Kapoor
(Expert) 23 November 2011
How can so old case be revived now.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 23 November 2011
Section 107 of the Wakf Act reads as follows:- "Nothing contained in the Limitation Act, 1963
shall apply to any suit for possession of immovable property comprised in any wakf or for possession of any interest in such property"
Then it can be said that on wakf land no person can acquire title by proving adverse possession even in dream.
If so is the effect of section 107 of the wakf Act1995,then a decree passed in favor of wakf where title has been held proved in favor of wakf and adverse possession can not be thereon by any length of possession and section 11 CPC being there to apply as resjudicata which would be a plea in hands
of defendant to frustrate the subsequent suit making the provision of section 107 of
wakf Act practically a frustration of legislative intent,therefore treating the wakf Act a protective legislation specially enacted to keep its' properties saved from encroaching hands,and looking upon it as beneficial legislation for wakf,i am sure courts will derive a corollary from this section and apply it to an executition case unless they are opposed to existence of section 107 which legally within their campus they can not be.Moreover the latest trend is to oppose or rewrite the rule of adverse possession. Multiplicity of unnecessary one more suit where in nothing has to be decided is another ground.
Then a decree when passed must be given effect is also judicial notion and that is necessary to keep faith of people retained in this judicial system adopted.ANY execution may in this sense be treated as
continuation of the suit to apply the benefit.
So far my personal view is concerned when governance has failed to give justice free of cost even after 64
years of INDEPENDENCE,it is time that at least execution of a decree in favor of DH should be burden of the system,without any fresh initiation warrants on the part of the DH.
Keeping above all in mind a citation of writs of possession by execution must be sought from executing court,since in my view rule is ever protective against inactive trustees or active intruders or against their collusive intent to grab any wakf land.
I am sorry not to have a view that favors your query.
Guest
(Querist) 23 November 2011
Thanks for giving valuable guidence.Pls intimate whether without the warrant of possession from court the Punjab Wakf Board take possession of wakf property from me U/s 54 and 55 of the the wakf act 1995
