ABDUL WADOOD Vs. MP P WAKF BOARD

JUDGEMENT

(1.) In this revision under Section 83(9) of the Wakf Act, 1995 (hereinafter referred to as 'the Act'), the petitioners have assailed the validity of the order dated 2.3.2013 passed by the M.P. Wakf Tribunal by which the application preferred by the petitioners under Order 14 Rule 5 of the Code of Civil Procedure has been rejected.

(2.) Facts giving rise to filing of the revision briefly stated are that the petitioners filed the suit inter -alia on the ground that they are the owners of the land in question and their names have been recorded in the revenue records as owners for the past about 60 years. The petitioners also sought the relief of declaration, permanent as well as mandatory injunction. During the pendency of the suit, the petitioners filed an application for amendment of the plaint by which plea of adverse possession was sought to be incorporated in the plaint. The said application was allowed. Thereafter, the application for amendment of written statement was also allowed. The petitioners filed an application for framing an additional issue with regard to acquisition of title by virtue of adverse possession. The defendants did not file any reply to the aforesaid application, but orally opposed the same. The Wakf Tribunal vide order dated 2.3.2013 rejected the aforesaid application inter - alia on the ground that previously also vide order dated 12.4.2012 the application for framing additional issue was rejected against which a revision namely Civil Revision No.173/12 was filed before this Court which was dismissed vide order dated 18.5.2012. Accordingly, it was held that it is not necessary to frame the issue.

(3.) I have perused the record as well as the impugned order. Along with the civil revision, the petitioners have annexed copy of the application under Order 14 Rule 5 of the Code of Civil Procedure filed previously vide Annexure P/6. From perusal of Annexure P/6, it is evident that the issue with regard to acquisition of title by adverse possession was not proposed in the aforesaid application. Therefore, the rejection of the aforesaid application and the affirmation of the order by this Court in Civil Revision No.173/12 is of no consequence. The Wakf Tribunal ought to have appreciated that the issue is required to be framed where the plaintiff makes assertion of law and fact that the said assertion of law and fact is denied by the other side. In view of the pleadings of the parties, the issue relating to acquisition of title by adverse possession ought to have been framed by Wakf Tribunal.