HASINAR BI Vs. M P WAKF BOARD

JUDGEMENT

(1.) With the consent of parties, heard finally.

(2.) Present Civil Revision has been preferred by the petitioners/plaintiffs under Section 83 (9) of the Wakf Act, 1995 read with Section 115 of Civil Procedure Code, 1908 being aggrieved by the judgment and decree dated 28/4/2015 passed by Madhya Pradesh State Wakf Tribunal, Bhopal in case No. 29/2010; whereby, the suit filed by the petitioners/plaintiffs against respondents No. 1 and 2 has been dismissed.

(3.) Petitioners/plaintiffs have preferred a suit for declaration and permanent injunction in respect of the suit property and further for declaration of publication published in gazette dated 25/9/1989 to be null and void. The main contention of petitioners is that the land in question was recorded earlier in the name of one Ghassa Shah, forefather of the petitioners and after his death, the aforesaid land was recorded in the name of LRs of Ghassa Shah and thereafter the land in question was recorded in the name of present petitioners/plaintiffs. It was the submission of the plaintiffs that land in question was being cultivated by them since the time of their forefathers. Their thrust of arguments is that the land in question was never recorded in the name of Wakf Board. According to them, the Aukaf Committee and Wakf Board had started interfering in their peaceful possession, therefore, they had occasion to file the present civil suit.