MOHAMMAD SHA Vs. SAYED SINDH BAIG PEER SAHEB

JUDGEMENT

(1.) The petitioners, who were the defendants no. 1 to 8 before the State Wakf Tribunal, Odisha, Cuttack in Case No. W.T.(O)/O.A.6/2005, have approached this Court seeking to quash the judgment dtd. 12/6/2007 passed by the Wakf Tribunal in dismissing their counter claim filed against the plaintiff-opposite party no.2 and defendant no.9-opposite party no.3, despite the fact that the petitioners are recorded as Marfatdars in respect of suit schedule properties and the same had never been acquired or treated as wakf properties.

(2.) The factual matrix of the case, in brief, is that the land appertaining to plot no.7 measuring an area of Ac.0.53 dec. with noting as 'Kabarsthan' and plot no.9 measuring an area of Ac.0.75 dec. with noting as 'Peer Asthan' under khata no.164 as per 1927 Sabik Settlement ROR of Mouza-Pipili Sasan under 'Stitiban' status stood recorded in the name 'Sindh Baig Saheb' marfat Boudi Sha and Roshan Sha, both are sons of Munsab Sha (ancestors of present petitioners). The said suit plots correspond to 1966 hal settlement plot no.7 measuring an area of Ac. 0.53 dec. under kissam 'Debasthali' and plot no.9 measuring an area of Ac 0.80 dec. under kisam 'patita' status "sthitiban' under khata no.213 which stood recorded in favour of Faizal Sha and Mahmad Sha both are sons of Baudi Sha. The aforementioned suit plots further correspond to plot no.6 measuring an area of Ac.0.53 dec. under kisam 'Kabarsthan' and plot no.7 measuring an area of Ac. 0.80 dec. under kisam 'Debasthali' under hal khata no.424 as per hal consolidation R.O.R finally published in the year 1994 which has been recorded in the name of the present petitioners, who had been arrayed as defendant nos.1 to 8 in the suit.

(3.) 1 The aforesaid RORs. consistently recognises the right, title and interest of the petitioners over the aforesaid properties and their long standing possession over the same. They have also planted trees over the suit properties in order to maintain the ecological balance and have been maintaining and utilising the graveyard for their own family purpose. The present petitioners' possession over the aforesaid properties is evident from the rent receipt granted by the State Government in lieu of payment of rent, who have also recognised their lawful ownership and possession of the land in question.