Punjab-Haryana High Court
Punjab Waqf Board vs Sharomani Gurudwara Prabandhak ... on 2 August, 2018
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
RSA No.5329 of 2017 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
121
RSA No.5329 of 2017 (O&M)
Date of decision: 02.08.2018
Punjab Waqf Board ...... Appellant
Versus
Sharomani Gurudwara Prabandhak Committee
and others ...... Respondents
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present:- Mr. G.N. Malik, Advocate
for the appellant.
*****
ANIL KSHETARPAL, J. (ORAL)
CM-14237-C-2017 Application is allowed and the delay in filing the appeal is condoned.
Main Case Plaintiff-appellant is in the regular second appeal against the concurrent finding of fact arrived at by the Courts below.
Primarily, the Courts have found that the Civil Court does not have jurisdiction and it is only Wakf Tribunal constituted under the Wakf Act, 1995 which would have jurisdiction to adjudicate upon a matter that whether a particular property is wakf or not. This Court in CR No.6269 of 2016 has examined this issue in detail and decided that Wakf Tribunal would have exclusive jurisdiction.
However, learned counsel for the appellant submits that in spite of the fact that the Civil Courts have returned a finding that Civil 1 of 2 ::: Downloaded on - 13-08-2018 04:07:23 ::: RSA No.5329 of 2017 (O&M) -2- Court does not have jurisdiction, still some finding on merit has given. In my considered view, such findings are without jurisdiction, because once the Courts have found that the dispute involved in the present litigation cannot be decided due to lack of jurisdiction, then any finding arrived at by the Court becomes without jurisdiction.
With these observations, the appeal is dismissed.
( ANIL KSHETARPAL )
02.08.2018 JUDGE
Dinesh Bansal
Whether speaking/reasoned Yes / No
Whether Reportable Yes / No
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