MAULANA HAROON Vs. M P STATE WAKF BOARD

JUDGEMENT

(1.) This Revision has been filed under Section 83(9) of the Wakf Act, 1995 against the order dated 8-3-2011 passed by M.P. Wakf Tribunal, Bhopal (for brevity 'Tribunal') in case No. 6/2009, whereby an application for issuance of temporary injunction under Order XXXIX, Rule 1 and 2, Code of Civil Procedure filed on behalf of Applicant has been dismissed. The order passed in this Revision shall also govern disposal of connected Civil Revisions No. 160/2011, 161/2011, 162/2011 and 163/2011, since a common question is involved in all these revisions.

(2.) The Plaintiff/Applicant submitted a suit for permanent injunction under Section 83(2) of Wakf Act, 1995 against the Respondents. In the application under Section 83(2) it has been pleaded that the Applicant is the tenant of Wakf Chhoti Masjid (Respondent No. 3) @ Rs. 100/- per month. The rent is being regularly paid by the Applicant to the Respondent No. 3. Further it has been pleaded that the Managing Committee including Appellant gave permission to other tenants to construct the shop from their own expenses and some of the tenants have constructed the pakka shop and are carrying on the business in it. The suit property has been registered in the M.P. Wakf Board having registration No. 34/43. Further it has been pleaded that Applicant is tenant for 20-22 years and is paying rent regularly. The Applicant has also constructed shop with the permission of Respondent No. 3 but later on the rent receipts are not being given to him despite the rent is being received by Respondent No. 3. According to the Applicant, on the basis of false complaint by showing the Applicant as trespasser, proceedings under Section 54 of the Wakf Act was submitted before Chief Executive Officer who had passed order of eviction on 31-5-2008 holding the Appellant to be a trespasser. Hence, the present application under Section 83(2) of the Act has been filed by the Applicant before the Tribunal.

(3.) An interim application under Order XXXIX, Rules 1 and 2, Code of Civil Procedure has also been filed praying that till the main application is decided, the Respondent No. 3 be restrained from dispossessing the Applicant. Along with the application affidavit of Applicant has been filed and certain rent receipts are also filed.