Retrospective limitation bar on wakf property suits rejected where earlier limitation had already extinguished the claim.

Section 107 of the Wakf Act, 1995 was held not to operate retrospectively so as to revive a wakf property suit already barred under the Limitation Act, 1908. The Court held that Article 134-B of the 1908 Act applied because the limitation period had expired before the Limitation Act, 1963 commenced, and Section 31 of the 1963 Act prevented institution of a suit where time had already run out. Section 112 of the Wakf Act was treated as a saving provision, not an express revival of extinguished rights. The barred claim remained time-barred, and the appellants succeeded.

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Issues: Whether Section 107 of the Wakf Act, 1995 could operate retrospectively so as to revive a suit for recovery of Wakf property that had already become barred under the Limitation Act, 1908, and whether the corresponding claim and title extinguished by limitation could be reopened in pending proceedings.

Analysis: The limitation applicable to the suits was held to be Article 134-B of the Limitation Act, 1908, not Article 96 of the Limitation Act, 1963, because the period of limitation had already expired before the commencement of the 1963 Act. Section 31 of the Limitation Act, 1963 barred institution of a suit where the prescribed period had expired under the 1908 Act. The Court held that Section 107 of the Wakf Act, 1995, though excluding the Limitation Act, 1963 for future Wakf suits, contained no express retrospective provision and could not be construed to revive rights and remedies already extinguished. Section 112 of the Wakf Act, 1995 was treated as a saving clause preserving prior actions and not as an indication of retrospectivity. The Court further held that where limitation had extinguished the right in property, the subsequent statutory change could not restore that right.

Conclusion: Section 107 of the Wakf Act, 1995 did not revive the barred claim, and the suits remained time-barred; the appellants succeeded.

Ratio Decidendi: A later statute excluding limitation for Wakf property suits does not revive a claim already barred and a right already extinguished under the earlier law unless the statute clearly provides retrospective effect.

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