MONI AKHTAR Vs. MUTAWALLI, COMMITTEE CHABDAL BHATA MASJID

JUDGEMENT

(1.) THE applicant/defendant has filed this revision under sub -Section (9) of Section 83 of the Wakf Act, 1995 (in Short 'the Act'), being aggrieved by order dated 09.07.2013, passed by Wakf Tribunal, Bhopal in case No.5/2013, whereby applicant's application filed under Section 10 read with Section 151 of the C.P.C. for staying the entire proceedings of the aforesaid case till disposal of mutation proceedings filed on behalf of respondent No.1 before the revenue Court and his another application filed under Order 7 Rule 11 of the C.P.C. for dismissal of the impugned suit of the respondent No.1, filed for declaring the disputed property to be the Wakf property and for possession of the same alongwith the prayer for mesne profit, on the ground that respondent No.1 has no locus standi to file such suit have been dismissed.

(2.) FACTS giving rise to this revision in short are that the respondent No.1 herein as President of Mutawali Committee of Chandal Bhata Masjid constituted by the respondent No.2 under Section 63 of the Act has filed the impugned suit against the applicant before the Wakf Tribunal for declaration to declare the disputed land and other stated property to be the Wakf property and for possession of the same alongwith the mesne profit.

(3.) IN response of the aforesaid suit on behalf of the applicant, by filing the written statement, the appointment of the Mutawali Committee of the respondent No.1 was challenged and in such premises, the entire factual matrix pleaded by respondent No.1 in the plaint have been denied. In addition to it, it is stated that the period of the Mutawali Committee of the respondent No.1 fixed by the Wakf Board has come to an end long before on 18.01.2013 and in such premises, on the date of filing of this impugned suit the committee of the respondent No. 1 did not have any authority or locus stand (sic:standi) to file the impugned suit and accordingly the maintainability of the suit is challenged. Besides this, it is also stated that in view of pendency of the revenue proceedings at the instance of respondent No.1, before the Tahsildar, by virtue of Section 10 read with section 151 of the C.P.C., the impugned civil suit cannot be proceeded further and in such premises the prayer to stay the proceedings of the suit and disposal of the revenue case was also made.