1. The revision is filed against judgment and order of Waqf Suit No. 52 of 2007, which was pending before the Waqf Tribunal, Aurangabad. The suit was filed by present petitioners for relief of declaration and injunction. The order dated 18.4.2007 made by the Chief Officer of the Waqf Board in Case No. 17 of 2005 was challenged and declaration was claimed that the order is illegal, null and void. Relief of injunction was claimed against the Chief Officer of the Waqf Board to prevent him from taking possession of immovable property on the basis of the order dated 18.4.2007. The Tribunal has dismissed the suit. Both the sides are heard.

2. There is dispute between the petitioners and respondents about the properties bearing C.T.S. Nos. 1199, 1205, 1201 and 1202 situated at Narayangaon, Tahsil Junnar, District Pune. Respondent Hajimiya S/o Abdul Kadar Qureshi is a Namazi and he is also involved in the management of Shahi Jumma Masjid of Narayangaon. It is his contention that the aforesaid properties belong to this Masjid, they are waqf properties and they are registered under the provision of section 37 of Waqf Act, 1995 (hereinafter referred to as the Act for short).

3. It is the case of respondent that the present petitioners have made encroachment over the above properties and they have somehow got entered their names in the assessment record of Village Panchayat and also in the city survey record of the properties. It was contended by Hajimiya that the petitioners are causing loss to the waqf institution and the encroachment needs to be removed.

4. The Chief Officer took the cognizance of the matter and started proceeding under section 54 of the Act. In the said proceeding, notices were issued to the present petitioners. The petitioners appeared in the said proceeding and they contested the matter by appointing advocate. By filing say, they contended that the properties are in their possession from their forefathers and they are enjoying the properties as owners continuously and without interruption. They contended that their names are entered in the assessment record of the Village Panchayat since the year 1939 and they have been paying house tax to the Local Body. They denied that they are trespassers. They contended that a proceeding with regard to entry made in city survey record is still pending between the parties and the Chief Officer has no authority, jurisdiction to make the order of eviction against them.

5. After making inquiry, the Chief Officer made order against the present petitioners and gave direction to them to hand over the possession of the aforesaid properties to the Managing Committee of the aforesaid Masjid. The Chief Officer has held that the present petitioners are trespassers and due to their presence on the properties, loss is being caused to the waqf institution.

6. In the suit filed by the present petitioners to challenge the order of Chief Officer, the Waqf Tribunal has held that the petitioners are trespassers and they are not the owners. The Tribunal has further held that there is no illegality or irregularity in the order made by the Chief Officer and he followed the due procedure established by law. With these observations, the suit is dismissed. Before the Tribunal both the sides gave oral and documentary evidence.

7. Though there is some oral evidence, as there are many important documents, they need to be considered first. It appears that there are two documents like certified copies of sale deeds which were produced before the Waqf Tribunal. Though this record is not exhibited, the petitioners themselves are contending that they are using the properties as owners and they are not disputing that there were such transactions. This record shows that under the registered sale deed dated 30.6.1947 Ismail Balabhai Fakir, the predecessor of the present petitioners had made an attempt to sell some open space of present matter to one Aba Raghu Dalvi, a Hindu person. In the next month itself Da