UDCPR | Municipal Authorities Empowered To Grant Relaxation For Recreational Open Spaces In Redevelopment Projects: Bombay High Court Appellate Court Can Enhance Compensation Under Motor Vehicles Act Even Without Cross-Appeal By Claimants: Allahabad High Court State Instrumentalities Cannot Supplement Reasons For Withholding Public Money Via Affidavits Years Later: Calcutta High Court Immoral Traffic (Prevention) Act | Victim's Status As 'Illegal Immigrant' Does Not Dilute Offence Or Shield Perpetrator: Bombay High Court Clubbing Of Criminal Trials | No Basis To Direct Consolidation If Connected Proceedings Have Already Concluded: Delhi High Court IBC ‘Clean Slate’ Principle Cannot Extinguish Pre-existing Crystallized Liability Under Labour Awards: Bombay High Court Section 406 IPC | 'Donation' Does Not Constitute 'Entrustment'; Criminal Prosecution Quashed In Absence Of Aggrieved Victim: Delhi High Court Failure To Deliver Possession Of Plot Constitutes "Continuous Wrong" Giving Rise To Recurrent Cause Of Action Under Consumer Protection Act: Delhi State Commission High Court Cannot Entertain Writ Petition Under Article 226 When Statutory Appellate Remedy Under Section 107 CGST Act Is Available: Gujarat High Court Appointment Of Temple Servants Is The Exclusive Prerogative Of The Hereditary Trustee: Kerala High Court Stay Of Suit Proceedings Under CPC Does Not Automatically Bar Adjudication Of Pending Temporary Injunction Application: Rajasthan High Court Section 136A MV Act | Supreme Court Directs States To Impound Vehicles With Unpaid E-Challans And Mandates Electronic Enforcement Compliance Section 115 CPC | Executing Court Cannot Dismiss Execution Petition On Hyper-Technical Grounds Regarding LRs Of Judgment Debtor: Himachal Pradesh High Court

Locus Of Plaintiff Upheld Based on Its Registered Society Status And Unchallenged Registration - Punjab And Haryana High Court

07 May 2024 8:19 AM

By: Admin


In a significant legal development, the Punjab and Haryana High Court delivered a judgment today that reaffirms the rights of a registered society to maintain control over a religious property. HON'BLE MRS. JUSTICE ALKA SARIN presided over the case, RSA No.1872 of 2022 (O&M) and issued a decisive ruling on a suit for injunction.

The case revolved around a dispute involving the Piyau Bhood Wali Habib Patti Masjid Committee, a registered society under the Haryana Registration and Regulation of Societies Act, 2012. The Committee filed a suit for injunction against the defendant-appellants, alleging their interference in the control and management of a Masjid property used for religious purposes.

The defendant-appellants contested the plaintiff-respondent's ownership and locus standi, asserting that their ancestors had been managing the Masjid for generations. They challenged the plaintiff's right to bring the suit. However, the Trial Court ruled in favor of the plaintiff, and the Lower Appellate Court upheld this decision.

Justice Alka Sarin, in her oral observation, stated, "The plaintiff/respondent-Society had approached the Court by showing their locus standi to file the present suit by placing and proving on record the revised certificate of registration of the Society." She emphasized that the defendant-appellants had failed to provide evidence to prove their ownership or management of the Masjid.

Date of Decision: 12.01.2024

Shahid Hussen and Another VS Piyau Bhood Wali Habib Patti Badullan

 

Latest Legal News