The main legal point established in the judgment is the broad and inclusive jurisdiction of the Waqf Tribunal to decide disputes, questions, or other matters relating to a Waqf or Waqf property, as provided under the Waqf Act, 1995.

In all the Revisions, the decision given by the Waqf Tribunal, Aurangabad on preliminary issue of jurisdiction framed by the Waqf Tribunal is challenged. The applications were moved in the suits under section 9-A of Civil Procedure Code (Maharashtra Amendment) and on that basis issue was framed like, "whether the Waqf Tribunal has jurisdiction to try and decide the suit". Both the sides are heard.

2. The suits are filed by some of the respondents of the Revision Proceedings and they are in respect of different portions of land Survey No. 12 from village Sonai, Tahsil Newasa, District Ahmednagar. The total area of this land was 22 Acres 39 Gunthas. During implementation of the scheme of consolidation under the provisions of Prevention of Fragmentation and Consolidation of Holdings Act, this property was given Gat No. 2141. As different portions were sold by some of the Respondents, Pot Hissas were prepared and suits are filed in respect of these separate Pot Hissas.

3. It is the case of the plaintiffs that the aforesaid property belongs to a Masjid and the Masjid has been in existence since time immemorial. It is contended that to the portion on which the structure of Masjid is standing, a separate number is given as House No. 181 in village Panchayat record of Sonai. It is contended that the aforesaid land is Service Inam land and it is dedicated for the services of the Masjid.

4. It is the case of plaintiffs that the land was in the possession of the predecessor in title of person like Bansi Mohammad as Inamdar and he was holding the property for rendering the services to the Masjid. It is contended that, to grab the property, these persons did some illegal acts and they created some record. It is the case of plaintiffs that the Masjid and the land were recorded under the provisions of Bombay Public Trusts Act in the office of Charity Commissioner on 16th October, 1959. It is contended that when the property was Waqf property and it was also registered under the Bombay Public Trusts Act, the property was given in possession of different persons by the successors of original Inamdar and then some proceedings were started even under the Tenancy Act. It is contended that by using the decisions given in such tenancy proceedings and revenue proceedings the successors of Inamdar like defendant Nos. 1 to 5 of Wat Suit No. 71 of 2004 started representing that the land was their private property. It is contended that these defendants then transferred different portions of the property to the other defendants of the suits. In the suits, the plaintiffs have contended that they are interested in the Waqf and so they are entitled to file the suits. They have claimed for reliefs of declaration that Survey No. 12 (entire Gat No. 2141) is Waqf property and it belongs to the Masjid. They have also prayed for declaration that various transactions made in favour of defendants by the successors of original Inamdar, which are of the year 2003, 2004 etc. are null and void. They have prayed for declaration that the orders made by Tahsildar under revenue jurisdiction and also tenancy jurisdiction are null and void and they cannot be recognized in law as it is Waqf property. Relief of restoring possession of the land is also claimed, though it is contended that possession needs to be given to the plaintiffs. The possession can be given to Mutawali or to Waqf Board.

5. The objection to the jurisdiction was initially rejected by Waqf Tribunal on 21st August, 2006. Revisions were filed in the year 2006 and this Court remanded the matters in the year 2010. The Tribunal then framed preliminary issue and the matter is again decided by the Tribunal against the present petitioners, some of the original defendants.

6. The learned counsel for petitioners took this Court through various provisions like provisions of sections 6, 7, 40, 83 and 85 of Waqf Act, 1995 (hereinafter referred to as the Act). Submissions was made that in the list of Waqf properties