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