ABDUL JAIWALE Vs. BIHAR STATE SUNNI WAKF BOARD

JUDGEMENT

(1.) This writ application is directed against the order dt. 5-4-1983, passed by the Chairman, Bihar State Sunni Wakf Board and as contained in Annexure-5 to the writ application and also a registration certificate dt. 17-4-1982, issued by the Secretary of the Bihar State Sunni Wakf and as contained in Annexure-6 to the writ application.

(2.) The facts of the case lie in a very narrow compass. The petitioner allegedly purchased 12 kathas, 11 dhurs and 11 Dhurkies of lands in plot Nos. 6510, 6523 and 6524 appertaining to Khata No. 942 Touji No. 30 situated in Mohalla Oburpul Milki Police Station Arrah within the Arrah Municipality.

(3.) According to the petitioners the aforementioned purchase was made in the farji name of Haji Mohammad Ishaque who allegedly by a deed of disclaimer dt. 1-8-1938, declared the farji character of the aforementioned transaction. The said documents are contained in Annexures-1 and 2 of the writ application. The petitioner has asserted that since the aforementioned purchase, he has been in possession of the said land and also made certain construction thereon. The petitioner has further asserted that he being greatly interested in Arabic teaching, started a private Madrasa in a portion of the said land and other portions thereof were let out to the various tenants. According to the petitioner, the said Madarsa ceased to exist and the entire premises are in occupation of the petitioner's tenants. The petitioner has further asserted in the writ application that the said properties are his personal properties and are not wakf properties.