Section 1353 in The Public Wakfs (Extension Of Limitation) Act, 1959
1353.
Following the partition of the country in August, 1947, a number of wakf properties passed into unauthorised hands. Many of the mutawallis who were in charge of these properties had migrated to Pakistan and the few who stayed behind could not for various reasons institute civil proceedings for the recovery of possession of unauthorised occupants. Under the law as it stands at present the title of the true owners would be extinguished of the properties are in adverse possession for twelve years or more. It is, therefore, proposed to extend the period of limitation up to the 15th August, 1967, in respect of suits for the recovery of possession of any immovable property forming part of a public wakf in any case where the dispossession has taken place at any time between the 15th August, 1947 (date of partition) and the 7th May, 1954 (the date from which power to declare any property as evacuee property under the Administration of Evacuee Property Act, 1950, ceased). This would enable the Wakf Boards constituted under the Wakf Act and other interested persons to institute such suits.Since the period of limitation in some cases would expire in August, 1959, an ordinance was promulgated for making the necessary alteration in the law of limitation. The present Bill seeks to replace the Ordinance by an Act of Parliament. - Gazette of India, 1959, Extra Pt. II, section 2, page 583.The Public Wakfs (Extension of Limitation) Act, 1959 (C.A. 29 of 1959) had provided for and extended period of limitation for suits to recover possession of wakfs properties which expired on 31-12-1970. The Government of India has informed that it would not be possible for it to move for further extension of the period of limitation and that the State Wakf Boards may approach the State Governments concerned to amend the Act locally of the number of wakf properties yet to be recovered from unauthorised occupation necessities further expansion of the peroid of limitation. Accordingly, the Commissioner of Wakfs, West Bengal, has moved the State Government with a proposal for further extension of the period of limitation beyond 31-12-1970, on the ground that in West Bengal a large number of wakf properties are still in unauthorised occupation for the recovery of which suits have to be filed. Considering all the aspects of the matter it has been proposed that the period of limitation may be extended upto 31st December, 1976, by amending the Public Wakfs (Extension of Limitation) Act, 1959. The Bill has been prepared to give effect to this proposal. - Cal. Gaz. 28-7-1972, Pt. IV-A, p. 1566-b.[1st September, 1959.]An Act to extend the period of limitation in certain cases for suits to recover possession of immovable property forming part of Public Wakfs.BE it enacted by Parliament in the Tenth Year of the Republic of India as follows:-
