BIBI SAYEEDUNNISA Vs. COLLECTOR OF SITAMARHI

JUDGEMENT

(1.) This revision application is directed against the judgment dated 31 -1 -1983 passed by Shri Abinasi Saran Lal, 1st. Additional District Judge, Sitamarhi in M.A. No. 24/16 of 1979/83 whereby and where -under the learned power appellate court dismissed the appeal preferred by the petitioners in terms of Section 36(B)(4) of the Waqfs Act, 1954.

(2.) The facts of this case lie in a very narrow compass. Suffice it to say that a requisition was filed in terms of Section 36(B) of the Waqfs Act, 1954 for recovery of property in question to the Collector. In the said proceeding the properties in dispute were held to be of Waqf properties and it was further found that as the petitioners purported to have purchased the said property from the Motwalli without prior permission of the Waqf Board, the deed of sale executed in favour of the petitioners was void ab initio and as such the same should be recovered in terms of the provisions of the aforementioned Act.

(3.) The petitioners filed the aforementioned appeal before the learned District Judge, Sitamarhi against the order passed by the Collector.