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In the High Court of Bombay at Aurangabad
T.V. NALAWADE, J.
Maharashtra State Board of Wakf, Through its District Wakf Officer
Versus
Digvijay
Civil Revision Application No. 57 of 2014
Decided on : 03-05-2014
Wakf - Property Dispute - Wakf Act, 1995, Section 83(9) - Summary of Acts and Sections: The court discussed the provisions of the Wakf Act, 1954 and 1995, particularly focusing on the definition of wakf, the registration of wakf properties, and the powers of the Wakf Tribunal. The court also considered the Inam Abolition Act, 1954 and its applicability to religious trusts. The interpretation of these legal provisions influenced the court's decision in determining the nature of the disputed property as public wakf under Muslim Law.
Fact of the Case:
The Wakf Board filed a suit to challenge the refusal of temporary injunction claimed against the defendant, who was in possession of a property claimed to be public wakf property dedicated to a religious institution.
Finding of the Court:
The court found that the disputed property was public wakf land dedicated for religious services, and the defendant's claim under the Inam Abolition Act was not applicable to religious trusts.
Issues: The main issues were the nature of the disputed property, the applicability of the Inam Abolition Act, and the rights of the Wakf Board as the owner of the wakf property.
Ratio Decidendi: The court held that the Wakf Tribunal had erred in refusing to grant relief of temporary injunction, and the disputed property was deemed to be public wakf land under Muslim Law.
Final Decision: The court allowed the application for temporary injunction in favor of the Wakf Board, restraining the defendant from making any construction or development on the property and creating third-party interests until the final decision of the suit.
1) Admit.
2) Notice after admission made returnable forthwith by consent. Both sides are heard for final disposal.
3) The proceeding is filed under section 83 (9) of the Wakf Act, 1995 to challenge the order made by the Wakf Tribunal Aurangabad on Exhibit 5 of Wakf Suit No. 15/2013. The Tribunal has refused the relief of temporary injunction claimed by the applicant-plaintiff.
4) The plaintiff, Wakf Board, has filed suit for relief of possession, permanent injunction etc. against the respondent. It is in respect of property bearing Survey No. 103 admeasuring 28 acres 9 gunthas and situated at Osmanabad. It is the case of the Wakf Board that the suit property is public wakf property, it is dedicated permanently to render services to Jama Masjid of Osmanabad. It is contended that, the property is registered as wakf property under the provisions of Wakf Act, 1954 and notification in that regard was published in official gazette dated 27-3-1980.
5) It is the case of the plaintiff that the property was dedicated long back and in the record of Inams also entry was made that the property was given in Inam for rendering services to aforesaid religious institution. It is contended that entries were made on the basis of Muntkhab No.169/1296 Fasli. It is the case of the plaintiff that the defendant is in illegal possession of the suit property.
6) It appears that many proceedings were going on in respect of the suit property, between Inamdars, Muntakhab holder and Wakf Board under Land Revenue Code and also Hyderabad Abolition of Inams and Cash Grants Act, 1954 (hereinafter referred to as “Inam Abolition Act”). Revenue proceeding was started between plaintiff and defendant in view of the mutation made in favour of the defendant on the basis of sale deed executed in his favour by one of the Inamdars. It is the case of the plaintiff that in view of the orders made under Inam Abolition Act, further orders were sought by the defendant and on the basis of those orders the defendant has started making development of the property which is agricultural land dedicated to Masjid. It is the case of the plaintiff that Inam could not have been abolished and occupancy rights could not have been given in favour of Muntakhab holder. It is contended that the defendant has taken possession of the suit property from Muntakhab holder and he is not ready to give possession to Wakf Board even when it is wakf property.
7) In the suit, relief of temporary injunction was claimed to prevent the defendant from changing the nature of the property and to prevent him from alienating the property as he is claiming title under registered sale deed executed by Inamdar in his favour.
8) The defendant, respondent, has filed written statement. The defendant has denied that the property was public wakf. It is contended that the property was Madad Mash Inam granted for Kazat services and it was given to Kazi people, the Muntakhab holder. It is contended that the dispute is finally decided under the provisions of the Inam Abolition Act and it is held that the property was MadadMash Inam and the Inam was already abolished. It is contended that in view of these circumstances occupancy rights were given to the vendor and the matter was decided in favour of the vendor on 29-3-1994. It is contended that the decision given by the authority under the Inam Abolition Act is binding on the Tribunal and that operates as res judicata to the dispute between him and Wakf Tribunal.
9) It is the case of the defendant that in the past there was dispute between Inamdar and tenant and compromise had taken place between them in a writ petition which was pending in the High Court (Writ petition No.3428/1997). It is contended that the defendant has purchased the property by paying huge amount to Inamdar and the defendant has spent huge amount for making construction of Function Hall. It is contended that the property is converted for Non Agricultural use. It is contended that there is
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