SHAINESHWAR DEVASTHAN TRUST SHINGANAPUR Vs. SAYYAD SHAUKAT MEHBOOB

JUDGEMENT

(1.) In all the Revisions, the decision given by the Wakf Tribunal, Aurangabad on preliminary issue of jurisdiction framed by the Wakf Tribunal is challenged. The applications were moved in the suits under section 9A of Civil Procedure Code (Maharashtra Amendment) and on that basis issue was framed like, "whether the Wakf Tribunal has jurisdiction to try and decide the suit". Both the sides are heard.

(2.) The suits are filed by some of the Respondents of the Revision Proceedings and they are in respect of different portions of land Survey No.12 from village Sonai, Tahsil Newasa, District Ahmednagar. The total area of this land was 22 Acres 39 Gunthas. During implementation of the scheme of consolidation under the provisions of Prevention of Fragmentation and Consolidation of Holdings Act, this property was given Gat No.2141. As different portions were sold by some of the Respondents, Pot Hissas were prepared and suits are filed in respect of these separate Pot Hissas.

(3.) It is the case of the plaintiffs that the aforesaid property belongs to a Masjid and the Masjid has been in existence since time immemorial. It is contended that to the portion on which the structure of Masjid is standing, a separate number is given as House No.181 in village Panchayat record of Sonai. It is contended that the aforesaid land is Service Inam land and it is dedicated for the services of the Masjid.