H.P. WAKF BOARD Vs. PRAHLAD SINGH

JUDGEMENT

(1.) LEARNED counsel for the petitioner has submitted that the First Appeal may be converted into a revision petition under Section 83(9) of the Wakf Act, 1995, (hereinafter referred to as the 'Act'). Learned counsel submitted that the appeal had been filed against the order passed by the learned District Judge exercising the powers of Tribunal under the Act and as such was appealable under Order 43 of the Code of Civil Procedure may not be maintainable. I have heard learned counsel for the parties. Section 83 (9) of the Act provides:-

(2.) THE order would thus be revisable. It is ordered that the appeal be treated as a revision having been instituted under Section 83(9) of the Act.

(3.) A suit for possession in respect of land and property as described in the plaint was filed by the petitioner herein and an application under Order 39 Rule 1 and 2 of the Code of Civil Procedure praying for interim relief was also instituted. Initially, learned Tribunal passed an order of status quo, but after hearing parties, has dismissed the application. It is not necessary for me to elaborately consider the facts (elaborately). Suffice it to say that the learned Tribunal, after a detailed examination of the material on the record, has prima facie come to the conclusion that balance of convenience is not in favour of the petitioner.