ANJUMAN SHIA TUS SAFA Vs. TEHSIN HAIDER

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 15.11.2006 which had endorsed the findings of the trial Judge dated 02.05.2005 whereby the suit filed by the plaintiff Anjuman Shia Tus Safa seeking possession of the immoveable property i.e. a portion of the Shia Jama Masjid, Hemilton Road, Kashmere Gate, Delhi (hereinafter referred to as the ,,suit property) in his capacity as the mutawalli of the Wakf had been dismissed.

(2.) THE case as set up by the plaintiff is that he is the registered mutawalli of the Jama Masjid and its buildings which are Wakf properties. THE plaintiff had allowed the defendant to stay in the suit property as he was a member of Shia community; inspite of requests, the defendant had failed to vacate the suit property; present suit was accordingly filed.

(3.) ORAL and documentary evidence was led. Qua issue No. 2, the trial Judge had returned a finding that the mutawalli of a Wakf cannot file a suit for recovery of the immoveable property. Various provisions of the Wakf Act, 1954 i.e. Sections 15, 16, 22, 67 and Rule 10 of the Wakf Rules had been adverted to. The finding returned was as under:-