PANCHAN MOCHIYAN RATLAM Vs. SANTOSH KUMAR

JUDGEMENT

(1.) This revision, under Section 83(9) of the Wakf Act, 1995 (hereinafter referred to as the 'Act of 1995'), is directed against the judgment dated 1.8.05 passed by M.P. State Wakf Tribunal, Bhopal (for brevity 'the Tribunal'), in Case No.9/2002, whereby the respondent's suit for declarations that the entire land, admeasuring 4535 Square Feet and occupied by him and his brother Sohanlal and father Dhoolchand, is not a Wakf property and also that he is the owner in possession of 1638 Square Feet area, out of the said land as well as for permanent injunction restraining the defendants/petitioners from interfering with his possession on the land and the shops constructed thereon under the garb of order dated 20.6.2002 passed by Chief Executive Officer (for short 'CEO') of the petitioner no.2 on the application (Ex.P-30) moved by the petitioner no.1 under Section 54 of the Act of 1995.

(2.) Although, the office raised objection as to maintainability of this revision before the Principal Bench in view of the fact that the property in dispute is situated in the city of Ratlam, which falls under the territorial jurisdiction of the Bench at Indore yet, the same was overruled in presence of both the parties by order-dated 18.5.2010.

(3.) The following background facts are not in dispute - In the Khasra for the year 1912-13 (copy of which is placed on record as Ex.D-3), the lands, bearing Survey Nos.1310, 1311, 1312, 1313, 1314 and 1325, having a total area of 12 Bigha 9 Biswa, were shown as Beed and Bawadi (a deep Well with a flight of stairs) dedicated to Masjid Mochiyan, situated in Mochipura at Ratlam. These lands were declared as lands belonging to the Princely State of Ratlam by its the then Ruler namely Sajjan Singh by way of Rajyaagya (State Order) No.11557 dated 12.12.1940. Panchan Mochiyan, the petitioner no.1, was registered as Wakf, under Section 25 of the Wakf Act, 1954 (for short the 'Act of 1954'). By virtue of notification dated 25.3.1983, published in the M.P. Gazette (Ex-D-2), only 0.187 hectare of the land, bearing khasra no.634 and situated in Ratlam was declared as Wakf property. Thereafter, lands, comprising survey nos.26, 117, 27 and 116 having a total area of 43,527 sq.ft., were also declared by the Tribunal as Wakf property by its order dated 12.3.99 passed in Case No.81/97.