RASHEED AHMED Vs. DISTRICT COLLECTOR, CHURU

JUDGEMENT

(1.) This civil misc. application has been filed by the petitioner/plaintiff (for brevity, "the plaintiff") under Sec. 83 (9) of the Wakf Act, 1995 (for brevity, "the Act of 1995") against the judgement dtd. 16/8/2019 passed by the Rajasthan Wakf Tribunal, Jyoti Nagar, Jaipur (for brevity, "the learned Tribunal") in Suit No.73/2014 CIS No.468/2015 whereby, the suit for declaration and permanent injunction has been dismissed.

(2.) The relevant facts in brief are that the plaintiff filed a suit against the respondents/defendants stating therein that there is a kabristan, a wakf property, comprising of khasra no.2007/1827 measuring 32 bigha 10 biswa situated in Mohalla Athuna, Churu. It was averred that towards its southern side, there is a strip of land measuring 500 feet x 29 feet belonging to the kabristan situated in between it and the public way which was left vacant for raising construction of shops. Alleging that the defendants have threatened to take possession of this strip of land, the decree of declaration and permanent injunction was prayed for.

(3.) The defendants did not file any written statement and exparte proceedings were drawn against them. After recording evidence of the plaintiff as the defendants did not lead any evidence, the learned Tribunal dismissed the suit vide judgement dtd. 16/8/2019.