AKEELA BEE Vs. MADHYAPRADESH WAKF BORAD

JUDGEMENT

(1.) Regard being had to the similitude of the controversy, all cases were heard together and decided by a common order. For convenience sake, facts as narrated in CR.No.622/2022 are taken into consideration.

(2.) Petitioner has filed a civil suit before the Wakf Tribunal pleading that a disputed property situate at Survey No.44, Village Gosh Nagar Tehsil Lateri District Vidisha was initially of the ownership of Dauli Bai from whom the plaintiff purchased the property by way of registered sale deed dtd. 28/4/1997 and since then she is in the possession of the suit property. On 22/2/2018, plaintiff came to know that Tehsildar issued a proclamation of auction of the property treating it to be the property of Wakf Board therefore, the suit has been filed for declaration and permanent injunction. According to the petitioner/revisionist, no revenue record refers that suit property was of Wakf property. Neither survey was carried out nor any opportunity of hearing was given to the plaintiff or her predecessor in title.

(3.) In response thereof, M.P.Wakf Board filed an application under Rule 32 of M.P. Wakf Rule, 2000 and on the ground of limitation as referred in Sec. 6 and 7 of the Wakf Act, 1995, prayed for dismissal of suit. On said application Wakf Tribunal dismissed the suit vide impugned order dtd. 18/8/2022. Therefore, this revision petition has been filed.