H.P. WAQF BOARD Vs. KHWAJA KHALLILULA

JUDGEMENT

(1.) This Civil Revision Petition under Sec. 83(9) of the Wakf Act, 1995, (for short, the Act), is directed against the judgment and decree passed by Wakf Tribunal, Shimla in Civil Suit No.19-S/1 of 2008, dated 19.3.2015, whereby the suit of the plaintiff-H.P. Wakf Board has been dismissed, (for short the impugned judgment).

(2.) Plaintiff/H.P. Wakf Board filed a suit for declaration and possession on the averments contained in the plaint and claimed the following reliefs:

(3.) Facts of the case, as pleaded in the plaint, are that as per Khasra Paimaish 1907, the suit property was owned and possessed by one Kabirjoo, son of Ataljoo, caste Kashmiri and in the remarks column, the possession of the suit property i.e. shops was with the custodian being Muslim property. It was further averred that the revenue agency, vide notes No.36 and 37 entered in Khasra Paimaish of 1907, illegally and without following the due process of law, transferred the suit property in favour of defendants/respondents. It was further averred that the entries were made in favour of the defendants in Khasra Paimaish of 1907 on the basis of statement of one Abdul Gafar Wani and death certificate of Iqbal Begum, who died on 6th June, 1982. Mutation in respect of suit property was entered in favour of the defendants on 20th Feb., 1992 in the presence of Abdul Gafar Wani. It is also pleaded that in the note, it was mentioned that the owner of the property had died on 5th Sept., 1975 and was issueless.