MOHMMOD Vs. OSMAN KHAN

JUDGEMENT

(1.) This proceeding is filed to challenge the judgment and order passed in Wakf Suit No. 40 of 2010 which was pending before the Presiding officer, Maharashtra Wakf Tribunal, Aurangabad. The suit filed by the respondent nos. 1 to 4 for relief of possession of some immovable properties is decreed in their favour. The Wakf Tribunal has directed the present applicants, defendant nos. 1 and 2 to the suit, to handover possession of suit properties to the plaintiffs and Wakf Board.

(2.) Both the sides are heard.

(3.) The suit was filed in respect of lands bearing Survey Nos. 17 and 18, situated at Dharur, District Beed. Possession of these lands was claimed and relief of declaration was claimed in respect of judgment and decree of Regular Civil Suit No. 91 of 1980 to the effect that the judgment and decree is not binding on the plaintiffs and Wakf Board. It is the case of the plaintiff that both the lands are service Inam lands and they are given for rendering service to Jama Masjid and Graveyard of Dharur. It is contended that the properties are recorded as Wakf properties by publication in Government Gazette, published on 18.4.1974. It is the case of the plaintiffs that one Chand Khan Rasool Khan was original Muntakhab holder under Muntakhab No. 1298 and he was rendering services to the Masjid by cultivating these lands. It is contended that Chandkhan left behind three sons namely Umar Khan, Kadar Khan and Rahmat Khan. It is contended that Rehmat Khan had one son by name Sadulla Khan and Sadulla Khan left behind one son by name Jamal Khan. It is contended that Jamal Khan left behind two sons by name Amin Khan and Sadulla Khan. The plaintiffs are successors of Sadulla Khan s/o Rahmat Khan. It is contended that by way of succession, they are entitled to cultivate the land and render service to Jama Masjid of Dharur.