MADHYA PRADESH WAKF BOARD Vs. ABDUL RAIS

JUDGEMENT

(1.) THIS is a revision filed by Madhya Pradesh Wakf Board under Section 83 (9) proviso of the Wakf Act, 1995 against the order dated 16-4-2000 passed by Wakf Tribunal, Bhopal in Case No. 1417 of 1996. Facts in brief are these.

(2.) IN exercise of powers conferred by Section 5 (1) (2) of Wakf Act of 1954, the Board on 13-9-1985 published in the official Gazette declaring that the property specified in the Gazette (suit property) is a Wakf Property situated in District Ujjain.

(3.) ON 27-12-1996, the respondents filed an application before the Tribunal constituted under the Wakf Act under Section 6/7 of the Act of 1995 seeking a declaration that the suit property specified in the official Gazette (Wakf List), dated 13-9-1985 referred supra, is not in fact a Wakf Property but the said property exclusively belongs to respondents (applicants before the Tribunal ). In other words, the respondents sought a declaration that applicants are the Bhumiswami of the suit properties (agricultural lands) and hence, the declaration contained in the official Gazette (Wakf List) published on 13-9-1985 that it is a Wakf property is bad in law and not binding on the applicants. The defence of the Wakf Board was denial of applicants title on merits and assertion of the Wakf Property on the strength of the notification issued on 13-9-1985. It was also alleged that the application is hopelessly barred by time because the suit was not filed within one year from the date of publication of the Gazette as contemplated under Section 6 of the Act of 1954 as it then was in force. The Tribunal by impugned order allowed the application made by the respondents and while overruling the objection raised by the petitioner held that the application is within time and secondly, the respondents are able to prove their title on facts and hence, are entitled to seek a declaration in their favour. As a consequence, it was held that declaration made in Gazette that suit property is a Wakf Property is bad and that applicants (respondents) are the Bhumiswami of the suit land. It is against this order, the non-applicants, i. e. , Wakf Board has filed this revision under Section 83 (9) proviso of the Wakf Act, 1995.