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PETITIONER: SIRAJUL HAQ KHAN & OTHERS
Vs.
RESPONDENT: THE SUNNI CENTRAL BOARD OF WAQF,U. P. & OTHERS
DATE OF JUDGMENT: 16/09/1958
BENCH: GAJENDRAGADKAR, P.B. BENCH: GAJENDRAGADKAR, P.B. AIYYAR, T.L. VENKATARAMA SARKAR, A.K.
CITATION: 1959 AIR 198 1959 SCR Supl. (1)1287 CITATOR INFO : R 1974 SC 968 (49) R 1979 SC 289 (35) RF 1987 SC1161 (4) RF 1991 SC2160 (18)
ACT: Waqf-Suit against Central Board - Notice--Limitation-United Provinces Muslims Waqf Act (U. P. XIII of 1936), ss. 5, 53- The Indian Limitation Act (IX of 1908), s. 15.
HEADNOTE: The respondent No. 1, a Central Board constituted under the United Provinces Muslims Waqf Act, 1936, by a notification under s. 5(1) Of the Act dated February 26, 1944, took into’ management the properties of a Darga Sharif and on October 18, 1946, the appellants, three of the five members of the Managing Committee of the said Darga Sharif, brought the suit, out of which the present appeal arises, for a declaration that the Darga properties did not constitute a waqf within the meaning of the Act and that the respondent No. 1 had no lawful authority to, issue the notification and assume management of the said properties. It was urged on behalf of respondent No. 1 that the suit had not been brought within one year as prescribed by s. 5(2) of the Act, and was as such barred by li...