Punjab Wakf Board vs Santokh Singh on 14 January, 2015
To sum up in the present case as per provisions of Section 66-H
of the Wakf Act, even if trustees had not been appointed by the Board, the
suit property would vest in Punjab Wakf Board and that too, retrospectively.
Taking the case from different angle, that in the case in hand, Secretary of
Wakf Board was ex. Officio trustee of the property vide Ex. P-2. That way,
the findings recorded by the learned Court of first instance as well as
learned First Appellate Court are liable to be set aside as the trustees were
appointed in this case. Thereafter, by way of amended provisions having
retrospective effect, the findings recorded by both the Courts below are
liable to be reversed and the same are set aside in view of the amended
provisions as well as law laid down by Hon'ble the Supreme Court in
Punjab Wakf Board Vs. Bachan Chand's case (supra).