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The facts of this case in brief are as follows: On 19.9.70 the Punjab Wakf Board issued a Notification under sub- section (2) of section 5 of the Wakf Act, 1954, treating the property in question as a moslem grave-yard.

It appears that on 21.5.1972, the Director of Land Records, Punjab, wrote to the Revenue Officer concerned for mutation of the land in the name of the Punjab Wakf Board. Accordingly, the Patwari of the area mutated the property in the name of the Punjab Wakf Board: Thereafter, the matter was taken up by the dram Panchayat (Gram Sabha) of Hariom Khurd, Tehsil Samrala, District Ludhiyana before the Assistant Collector, Grade I, Samrala, contending that the property was community property which stood vested in the Gram Panchayat and could not have been mutated in the name of the Punjab Wakf Board. On that, notice was issued to the Punjab Wakf Board and evidence was also led by the parties. Learned counsel for the Gram Panchayat argued before the said Assistant Collector that the Gram Panchayat was the owner of the property which was `Gair Mumkin Kabaristan' according to revenue records. Moreover, it was being used for common purposes of all communities by the Gram Panchayat and was also a site for an annual fair. It was contended that the Punjab Wakf Board could have no claim over the property and that the mutation could not have been made in favour of the Wakf Board upon a letter from the Director of land Records. On the other hand, it was contended by the Punjab Wakf Board that the property was under the ownership of the Punjab Wakf Board and was being used as a graveyard for Mohammedans exclusively and was not being used as a graveyard generally for all the members of the community.

On the above contentions, the Assistant Collector held as follows:

"Moreover, the Gram Panchayat has been recorded as the owner in the revenue records and the property in question is also being used for common purposes under the Gram Panchayat. At the same time, the Punjab Wakf Board has also failed to substantiate its claim over the disputed property and has also not been able to rebut the claim of the Gram Panchayat. In these circumstances, the mutation is rejected".

This order was passed on 31.3.1986 by the Assistant Collector in favour of the Village Panchayat. The appeal against this order filed by the Punjab Wakf Board was dismissed by the Collector on :20.7.1987 Thereafter ,the Punjab Wakf Board filed the present suit before the subordinate judge's court on 5.10.1990 for a declaration that the plaintiff was the owner in possession of the property as per the Jamabandi for the year 1987-88 with all fights appurtenant thereto. The Punjab Wakf Board relied upon the statutory notification dated 19.9.1970 as being conclusive that the property was merely a moslem graveyard. The Wakf Board contended that the order of the Assistant Collector dated 31.3.1986 and that of the Collector under appeal were illegal and without jurisdiction in as much as the notification dated 19.9.1970 was not questioned by the Gram Panchayat within one year thereof, as provided in the first proviso to Sec. 6(1) of Wakf Act.