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State of Jammu-Kashmir - Section

Section 79 in Jammu and Kashmir Wakafs Act, 2001

79. Notice of suit etc. by Court.

(1)In every suit or legal proceeding relating to title to, or possession of a Wakaf property or the rights of a manager of beneficiary the court or appellate authority, as the case may be, shall not entertain the suit or other legal proceeding without issuing first a notice to the Chairman, Tehsil Committee at the cost of the party instituting such suit or proceedings.
(2)In the absence of a notice under sub-section (1), any decree or order passed in the suit or proceeding shall be void, ab initio.
(3)Where any Wakaf property is or has been notified for sale in execution of a decree of a Civil Court or for the recovery of any revenue, cases, rates or taxes due to the Government or any local authority, before the commencement of the Act, the execution shall abate and the revenue, cases, rates or taxes shall be deemed to have been exempted, and decree discharged, at the commencement of the Act.