JUDGMENT

1. This revision is filed by the defendants in KWT/BJR/SR//OS-5/2012 being aggrieved by the judgment dtd. 5/8/2015 by the Presiding Officer, Karnataka Wakf Tribunal, Belagavi, decreeing the suit of the plaintiff under Sec. 83(9) of the WAKF Act, 1995.

2. The parties would be referred to as per their ranks before the Tribunal for the sake of convenience.

3. The brief facts are as under:

(a) The respondent No.1/plaintiff filed the suit against the defendants seeking decree of declaration that he is the hereditary Mutavallicum-Sajjad Nashin of the suit Dargah and mandatory injunction to remove the encroachment and also for permanent injunction to restrain the defendant Nos. 1 to 4 from encroaching the suit property.

(b) He contended that Dargah Hazarat Sayyed Mohammad Bukhari @ Peer Jalal Bukhari @ Peer Jalal Bukhari (hereinafter referred to as 'Dargah') situated in CTS No.1595, SY.No.256/3A of Ward No.VI of Vijayapura, measuring about 10 guntas is the suit property and it now bears CTS No.1595/2. He further contended that he is hereditary Sajjada Nashin -cum-Mutavalli of the said Dargah and is performing the religious functions. It was alleged that the defendant Nos. 1 to 4 a