LAWS(MPH)-2015-10-13

SHAHJAD SHAH Vs. M.P. WAKF BOARD

Decided On October 13, 2015
Shahjad Shah Appellant
V/S
M.P. Wakf Board Respondents

JUDGEMENT

(1.) THE present revision has been filed against the order dated 02/05/2015 passed by the Madhya Pradesh State Wakf Tribunal, Bhopal in Case No. 54/2014.

(2.) THE facts of the case reveal that the present applicant, stating himself to be the descendant of Didar Shah, has approached the Wakf Tribunal by filing an application under Section 83(9) of the Wakf Act, 1995. It was stated by him that his ancestor Didar Shah was given an agricultural land bearing Khasra No. 2167, Raqba 6.36 acre, Patwari Halka No. 24/2, Gram Golamba Road, Harsola, Tehsil Mhow, Distt. Indore by the them Ruler of the State as Inam/gift in the year 1924.

(3.) THE contention of the learned counsel for the applicant is that he is in possession of the property in question. It was given by the erstwhile Ruler of Indore and could not have been registered as a Wakf property. It has also been argued that the applicant is in possession of the property in question and his possession should have been protected till the application preferred under Section 83(9) of the Wakf Act, 1995 is decided finally.