This writ petition is directed against judgment dated 02.11.2010 passed by Presiding Officer, Bihar Wakf Tribunal, Patna in Title Suit No. 59/98 of 1996/2009, whereunder the aforesaid Title Suit has been dismissed holding that plaintiff has not succeeded in proving Issue No. 1 that Defendant No. 1 Devendra Prasad Sinha was managing a joint family business and in view of the finding recorded in connection with Issue No. 1 Issue No. 2 becomes infructuous as it is very specific from the entire evidence that Devendra Prasad Sinha surrendered the vacant possession of the shop in question to the concerned Mutawalli, hence Issue No. 3 was also decided in favour of defendants.

2. To appreciate the correctness or otherwise of the aforesaid finding it is necessary to note the contents of the plaint. Plaintiff and Defendant Nos. 1,2,3 are closely related to each other as plaintiff is the grandson of Defendant No. 1 and Defendant Nos. 2, 3 are his uncle which would appear from the genealogical table given below:–

Genealogical Table

Ram Sharan Ram Ram Sewak Ram

(Died in jointness with his (Died issueless)

brother Ram Sewak Ram)

Devendra Prasad Sinha

Surendra Kumar Dilip Kumar Suresh Kumar

Prem Kumar Ashok Kumar Ramesh Kumar Suman Kumar

(plaintiff)

3. From the Genealogical Table it would appear that Ram Sharan Ram, the great grandfather of the plaintiff predeceased his brother Ram Sewak Ram who died issueless and his widow predeceased him. Ram Sewak Ram managed joint family hotel business in the rented premises of Sunni Wakf Board. Ram Sewak Ram having become old, handed over the joint family hotel business to his only nephew Devendra Prasad Sinha who continued and managed the hotel business as member of the joint Hindu family until he fell ill whereafter the business was managed by his eldest son Surendra Kumar, the father of the plaintiff who continued to manage the hotel business and paid rent of the hotel premises to Wakf Board under receipt granted in the name of Devendra Prasad Sinha. Later Surendra Kumar joined service, whereafter the hotel business was managed by the family servants in the same rented premises. From 1988 plaintiff began to manage the hotel business but dispute arose regarding management and accounting of income from the business which led to the closure of the family hotel business. Plaintiff being a graduate, unemployed entered into correspondence with Sunni Wakf Board, Defendant No. 4 to continue the hereditary hotel business in his own name. Plaintiff in order to resume the hotel business in the premises in question, which was under his lock and key, took steps to clean the premises on 21.3.1996 but at noon while he was away from the premises in question, Defendant Nos. 1, 2 came to the premises in question along with 4-5 others and forcibly unlocked the premises as also removed the belongings available in the shop on a push cart. Plaintiff having learnt about the aforesaid conduct of his grandfather, his 4-5 supporters, came back to the premises and ascertained the truth from the neighbours as also found that the lock in the shop has been replaced. Plaintiff thereafter informed the aforesaid fact to his father Surendra Kumar when he returned from duty. Plaintiff and his father also went to lodge information about dispossession from the shop in question with Pirbahore Police Station but they refused to register the case and asked the plaintiff to inform the Wakf Board. Plaintiff, however, filed complaint case in the court of Chief Judicial Magistrate, Patna on 4.10.1996 which is pending. In Paragraph 10 of the plaint it has been stated that the plaintiff learnt from reliable sources that Defendant Nos. 1,2,4 in collusion with each other want to sell the ancestral shop to criminal elements in order to deprive the plaintiff from resuming the hotel business in the premises in question for maintaining his livelihood. In Paragraph 11 of the plaint it has been stated that plaintiff offered the Sunni Wakf Boar