MOHD AZIM Vs. DDA

JUDGEMENT

(1.) Cm (M) 304/2021, CM APPL.13683/2021 (by the petitioner u/S 151 CPC for stay)

(2.) The facts as are relevant for the disposal of the present petition are that the petitioner/plaintiff had filed a suit against the respondent No.1/DDA and respondent No.2/Delhi Waqf Board ('DWB') for a decree of permanent injunction against respondent No.1/DDA from illegally dispossessing the petitioner/plaintiff from the suit property which he described as T-35/10, Ward No.8, Pankhe Wali Masjid, Khasra No. 1151/3 (Min.), Mehrauli, New Delhi.

(3.) The case setup by the petitioner/plaintiff was that the suit property was a Muslim religious place constituting a Masjid and an old Qabristan on a part of Khasra No.1151/3 Min. (Old Khasra No.1665) which was included as a Waqf property in the notification dated 18th October, 1998. The petitioner/plaintiff claimed that the suit property had been with the forefathers of the petitioner/plaintiff since long. Moreover, in the year 2010, a survey carried out by the Zonal Officer, South Delhi of the respondent No.2/DWB, recorded the fact that the petitioner/plaintiff was residing in a portion of the suit property alongwith his family. The petitioner/plaintiff had even submitted an application to the respondent No.2/DWB to be recognized as its tenant.