POORAN SINGH Vs. RAJASTHAN BOARD OF MUSLIM WAKF

JUDGEMENT

(1.) THIS review petition under Section 114 read with Order 47 Rule1 of the Code of Civil Procedure, 1908 (here- in-after called in short `the CPC') seeks review of the judgment dated 4. 3. 1997 passed by Hon'ble Mr. Justice R. S. Kejriwal (as he then was) in Civil Second Appeal No. 244/1994 vide which the appeal has been allowed and the judgments of the learned courts below have been set-aside remitting the matter back to the trial Court with the direction to pass fresh judgment excluding notification dated 23. 9. 1965 (Ex. 1 ).

(2.) A civil original suit being No. 6/1976 came to be filed in the court of Additional Munsiff cum Judicial Magistrate, Bayana District Bharatpur on 23. 2. 1982. After trial the suit was decreed relying upon the entry of Wakf property in the record of Rajasthan Board of Muslim Wakfs and the revenue record of Settlement Department in addition to other evidence produced in the suit. The appeal preferred against the said judgment was dismissed on 1. 3. 1994 up-holding the judgment of the trial Court, where-upon a second appeal was preferred in this court which came to be allowed vide judgment dated 4. 3. 1997 in view of the pronouncement of the Hon'ble Apex Court in the case of Muslim Wakf Board vs. Radha Kishan (AIR 1979 SC 289) remitting the case back with the direction as indicated above. The said judgment is sought to be reviewed.

(3.) I have carefully considered the rival submissions and have perused the judgment sought to be reviewed as well as the authorities referred to on either side at the bar.