TUKARAM Vs. SAYYED ZAHURUL-HAQU AND ORS.

JUDGEMENT

(1.) The proceeding is filed against judgment and order of 1 of 20 Wakf Suit No.104 of 2009 which was pending before Wakf Tribunal, Aurangabad. The suit filed by the present respondent, Sayyed Zahurul-Haqu in respect of the property bearing Survey No.22 (Gat No.98), admeasuring 26 Acres situated at village Saundalgaon, Tahsil Ambad, District Jalna is decreed for relief of possession. It is the case of Respondent, plaintiff that this property belongs to Dargah Peer Saheb, it is Wakf Property. Both the sides are heard.

(2.) The aforesaid property is registered in the list of Wakfs published by the State Government in the year 1975. It is the case of plaintiff that he is Mutawalli and so he is entitled to take possession of the property. It is the case of plaintiff that his predecessor Sayyed Abdullah was Mutawalli and succession came to be granted in his favour on 7th December, 1988 under the provisions of Atiyat Act.

(3.) It is the case of plaintiff that, since long in the revenue record also the property is shown to be as the property of aforesaid Dargah. It is contended that such entries are there in Khasra Patrak, Pahani Patrak, record of consolidation and 7/12 extracts. It is the case of plaintiff that defendant Tukaram Hiwre, present appellant is in possession of this property. His possession is illegal. It is contended that by joining hands with revenue authorities Tukaram and his predecessors had got entered their names in revenue record, behind the back of Wakf institution and Mutawalli and those entries are not correct and they are not binding on the plaintiff. The plaintiff contended that he had demanded the possession from defendant on 5th November, 2008 but the defendant flatly refused to hand over possession.