Clarification regarding limitation period wakf property decision dated 1969
Guest
(Querist) 17 October 2011
This query is : Resolved
There is a Mosque which is registered in Government of India Gazzate Dated 29-05-1969 with a note showing in unauthorized possession of Private Primary School.Punjab wakf Board filed a suit which was decided on 24-08-1968 decreed infavour of Punjab Wakf Board by the Court of Subjudge . Then primary school filed a suit against Punjab Wakf Board which was dismissed with costs on 27-02-1969.The eviction was not made by Punjab Wakf Board until now.It was unauthorized possession of Incharge Primary School.The building collaspsed during the year 2004 and school closed.The matter was reported to Punjab Wakf Board.The then CEO Punjab wakf Board reffered the case to Senior Supdt PATIALA who enquired into the matter and reported that the school was functioning previously and the building demolished on 17-08-2004 wakf Board Employee got the assurance that the debris should not be removed and got assurance from the management of school that they will not make any alteration etc at the site. That they will not change without the consent of parties.Now the site is in the forms of debris and the previous management head has exprired but his son is interfereing and objecting against the construction of Mosque at the site of totally demolished Mosque. What should be the right action to construct the Mosque at the site by the Muslims. Is there any limitation as per wakf rule the condition of period have been waived off. As the previous one is 12 years and 30 years under previous wakf Act have been lifted in the present wakf act 1995. Kindly guide to get the mosque legally by the local Muslims by taking legal possession through wakf board.Can the Muslim independently act.
J K Agrawal
(Expert) 18 October 2011
Wakf Board is absolute owner of the property.
A tenant have no right to plead adverse possession.
If the tenant evicted automatically nothing preventing you to regain possession over property.
The undertaking with police is of no use. It does not bind you any way.
If there is threatening of breach of peace in city it further not snatch your rights.
Just file an application before municipal for erection ( I know the municipal will not give permission) followed by necessary notice under municipal act and start construction.
You should not go to court and let the opposite party go there first. ( because plaintiff will loose its case so you should not be that)
Please do not mind my opinion may not be legal one but it is practical.
For your kind information, there is no limitation against wakf neither for adverse possession nor for recovery of possession.
