1. All the aforesaid three civil revisions were heard together and are being decided by this common order as they arise out of the same suit bearing Title Suit No. 262 of 1991 and all the revisions have been filed by the same person, namely Syed Hassan Francis Imam, who is plaintiff no.2 in the suit, challenging different parts of the same impugned order dated 06.06.2005 passed by learned 7th Subordinate Judge, Patna.

2. The aforesaid suit was originally filed by one Shamim Amna Imam, daughter of late Syed Mehdi Imam against only defendant-opposite parties no.1 and 2 claiming that the suit property, generally known as Shantiniketan (holding no. 542) over 23 kathas of land surrounded by boundary wall situated at Frazer Road, P.S. Kotwali, Town and District Patna, originally belonged to her grand father late Syed Hassan Imam, who dedicated it along with his other properties to waqf-alal-aulad by Waqfnama dated 28.04.1931 and, thereafter, it was registered as a Waqf. After the death of said Syed Hassan Imam a dispute arose between his son (Syed Mehdi Imam) and daughters from his first wife on one hand and on other hand his second wife Mrs. Nattie Imam and her son Syed Askari Hadi Ali Augustine Imam (opposite party no.2) and the matter was referred to the arbitration of two Hon ble Judges of the Patna High Court, namely Hon ble Mr. Justice Sir Stewart Mac Pherson and Hon ble Mr. Justice Khwaja Md. Noor. The said two Arbitrators after hearing the parties and considering their respective claims gave their Award in the year 1935 dividing the entire 16 annas of Hassan Imam Waqf Properties into two blocks, out of which one was 10 annas block including Shantiniketan (suit premises), for which Syed Mehdi Imam was appointed the Mutawalli, whereas, the other was 6 annas block (which did not include the suit property) for which Mrs. Nattie Imam was appointed the Mutawalli and after her death her only son Syed Askari Hadi Ali Augustine Imam, namely defendant-opposite party no.2 became the Mutawalli of the 6 annas block. Both the said blocks with their respective Mutawallis were duly registered as separate waqfs and both the said Mutawallis managed their respective waqf properties as per the Waqfnama, the Arbitration Award and the provisions of law. Subsequently by a registered deed of lease dated 28.08.1970, the then Mutawalli of 10 annas block of the Waqf Estate, namely late Syed Mehdi Imam gave the suit property on lease settlement to the said original plaintiff after due permission of the then Bihar Subai Shia Majlis-e-Awquaf (now Bihar State Shia Waqf Board) and since then the original plaintiff Sahmim Amna Imam remained in possession and used the said properties as her lease-hold. It was also claimed in the plaint that on 22.05.1988 defendant-opposite party no.2 Syed Askari Hadi Ali Augustine Imam (father of the petitioner) executed a sale-deed on 09.02.1988 with respect to the suit property in favour of defendant-opposite party no.1 and got it registered on 11.04.1988, It was also claimed that defendant-opposite party no.2 had no manner of any right, title, interest and possession over the suit properties nor any waqf property can be sold by any one. In the said circumstances, the original plaintiff claimed the following reliefs in the said suit:-

(i) On adjudication of the facts and circumstances it be declared that the alleged deed of sale signed on 09.02.1988 and registered on 11.04.1988 executed by the defendant no.2 in favour of the defendant no.l at Dhanbad in respect of the property in Schedule I of the plaint is void, fraudulent, illegal, without any consideration, not binding on the plaintiff or even on her settlee and defendant no. 1 has not acquired any right, title and interest thereon in respect of the property described in Schedule I of the plaint.

(ii) A declaration be made as to the perfect right, title and interest of the plaintiff over the suit property as exclusive permanent settlee ever since the settlement