THE KHATIK MASJID WAKF Vs. SALIMBAI SHAMSHER SHAIKH

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard both sides for final disposal.

(2.) Present proceeding is filed to challenge the judgment and order delivered by Wakf Tribunal in Wakf Appeal No.2 of 2008. This Appeal was filed present Respondents to challenge the order made by Wakf Board in one inquiry held under section 40 of Wakf Act, 1995 (hereinafter referred to as the Act) in which property bearing C.T.S. No.132 situated at Satara city was ordered to be registered as Wakf property, the property belonging to Masjid.

(3.) It appears that the present petitioners, the managing committee of Khatik Masjid Shaniwar Peth, Satara had filed two applications before Wakf Board and they were under section 36 and 40 of the Act. The first application was moved for registration of the Wakf. The first application was disposed of by the Chief Officer by observing that the Wakf was already registered in the year 1970 as a trust under Bombay Public Trust Act as the said Act was applicable in that area and in view of provision of section 43 of the Act there was a deemed registration in favour of the institution. However, the second application was allowed and on the basis of that order, property bearing C.T.S. No.132 Malhar Peth, Satara was ordered to be registered as the property of this Masjid. In the past, only the property bearing C.T.S. No.328 was registered as property of this Masjid. Being aggrieved by this registration, the aforesaid appeal was filed by present Respondents.