The main legal point established in the judgment is the status of possession of the Wakf property, the appointment of the respondent-plaintiff as temporary Mutawalli, and the relevance of the Muntaqab of Endowment in establishing hereditary Mutawalli status.

JUDGMENT

1. By consent of the parties, heard finally at admission stage.

2. Being aggrieved by the judgment and order passed by the Presiding Officer, Maharashtra State Wakf Tribunal, Aurangabad dated 22.11.2016 in Wakf Suit No. 20 of 2011, the original defendant Nos. 1 and 2 have preferred this revision.

3. Brief facts, giving rise to the present civil revision application are as follows:-

(a) Respondent No.1 original plaintiff has instituted Wakf Suit No. 20 of 2011 for possession and decree of perpetual injunction in respect of municipal House No. 2-11-142 situated at Malivesh, Beed. According to the respondent-plaintiff, the suit property is Dargah Hazrat Tawalkkalshah and Masjid alongwith graveyard and the husband of the plaintiff was the Mutawalli of the said Dargah. After death of her husband, the plaintiff and her seven children are looking after the affairs and management of said Dargah and Masjid. The Wakf Board had appointed respondent No.1 plaintiff as a temporary Mutawalli of the Dargah and Masjid. According to the respondent- plaintiff, the succession proceeding initiated by her is pending before the Deputy Collector, Atiyat. According to the plaintiff, on 6.5.2009, respondent No.2-defendant No.3, Maharashtra State Wakf Board, Aurangabad (hereinafter for the sake of brevity referred to as the "Wakf Board") had executed lease agreement in respect of area of 25x50 i.e. 1250 sq. ft. out of the property admeasuring 145x50 ft. of the Municipal House No. 2-11-142 as specifically described in the prayer clause of the plaint, in favour of the defendant Nos. 1 and 2. On the basis of the said agreement, the applicants-defendant Nos. 1 and 2 came in possession of the suit property. It is further case of the respondent-plaintiff that the period of above said lease had expired and the said lease has not been renewed. However, the applicants-defendants had started construction over the suit portion without permission of the defendant Wakf Board so also the plaintiff. Though the respondent plaintiff had requested the applicants to stop the construction on the suit property but they refused the same and thus, the respondent-plaintiff constrained to institute the suit.

(b) The applicants have strongly resisted the suit by filing written statement at Exh.12. It has been specifically denied that the husband of plaintiff was Mutawalli and the plaintiff was appointed as temporary Mutawalli of Dargah and Masjid and the applicants- defendants are making construction on the suit property unlawfully. It is admitted by the applicants that the suit property bearing Municipal House No. 2-11-142 admeasuring 145x50 sq. ft. is the Wakf property belonged to the Dargah and Masjid alongwith grave yard, situated at Mali Darwaza, Beed. According to the applicants, the plaintiff and her relatives, on the basis of false and fabricated documents, have encroached upon the entire property belonging to Dargah and Masjid. It is further case of the applicants-defendants that on 13.12.1997 one Shaikh Raheem s/o Shaikh Ameer and his three sons gave the suit property to the applicants on lease by obtaining Rs.90,000/- and also executed "Bhade-Patta" (lease deed) for a period of 99 years. Thus, from 13.12.1997, the applicants are in possession of the suit property as tenants and they are also paying the property tax to the Municipal Council, Beed. Subsequently, the applicants came to know that the suit property is Wakf property under the control and supervision of the Wakf Board and the said Shaikh Raheem and his three sons had deceived them. So also the applicants-defendants have approached the defendant No.3 Wakf Board and showed their readiness and willingness to become the tenants. On 6.5.2009, the Wakf Board had issued an order for executing lease deed in favour of the applicants on condition of payment of donation of Rs.30,000/- in two installments and on monthly rent. On 27.5.2009, defendant No.3 Wakf Board had executed lease deed in favour of the applic