SUNIL Vs. HASAN KHAN

JUDGEMENT

(1.) By the present Civil Revision Application, the applicants are challenging the judgment and order passed by the Presiding Officer, Wakf Tribunal at Aurangabad in Wakf Application No.8 of 2011, thereby the Tribunal was pleased to dismiss the application filed by the applicants. In the said Application, the applicants were seeking following relief :

(2.) It is the case of the applicants that the applicant nos.1 and 2 are the owners of the suit land bearing Gat No.234/1/A admeasuring 1 H. 58 R. situated at village Dhamangaon, Taluka Achalpur, District Amravati and the applicant no. 3 is the owner of the suit land bearing Gat No.234/1/B admeasuring 1 H. 21 R. situated at village Dhamangaon, Taluka Achalpur, District Amravati. The applicants are in peaceful possession of the suit land and cultivating the suit land as owners and possessors of the suit land. The ancestors of the applicants were the tenants of the suit land and were cultivating the said land and they became protected agricultural tenants of the land on the date of coming into force the Bombay Tenancy and Agricultural Lands [Vidarbha Region. Act, 1958 [for short '"Vidarbha Region Tenancy Act of 1958'.. The said Act of 1958 is made applicable only to Vidarbha Region from 31/12/1958 and the ancestors of the applicants became statutory tenants under the provisions of Act of 1958 and later on the statutory ownership was transferred to the tenant under the provisions of Act of 1958 on payment of price, which amount was deposited by the tenants in the Court of the President, Agricultural Land Tribunal, Achalpur in R.V.C.No.2079/59 (13)/64-65, Dhamangaon Gadhi decided on 13/4/1970 and necessary purchase certificate about the transfer of ownership was issued by that Court in the name of tenants and since then the tenants became the statutory owners of the said suit land. The statutory ownership of the suit land is transferred in the name of Vasudeao s/o. Sheruji Nirgude and after his death the suit property is inherited by the applicants. The applicant nos.1 and 2 are the sons of deceased Vasudeo and applicant no. 3 is the brother of the deceased Vasudeo.

(3.) It is further the case of the applicants that the respondent no.1 has no concern with the suit property but in order to grab the suit property by showing that the suit property as wakf property on Mahebood Subani [Gazimiya. Dargah Dhamangaon [Gadhi., Tq.Achalpur, Dist. Amravati filed application dtd. 16/4/2007 under Sec. 54 of the Wakfs Act, 1995 before the respondent no.2 [Chief Executive Officer. and claimed that the suit property is a wakf property and he is Mutawalli of the said Dargah and asked for possession of the suit property in his favour. The applicants resisted the claim of the respondent no.1 before the respondent no.2 and the respondent no.2, by order dtd. 21/10/2009 under Sec. 54 of the Wakf Act, 1995, held that the suit property is wakf property and the applicants are the encroachers over the suit property.