ORDER

Heard learned counsel for the petitioners and learned counsel for the opposite parties.

2. All these three Revisions Applications arise out of Eviction Applications which were allowed by the learned Chairman/Presiding Officer, the Bihar State Waqf Tribunal Patna, (for brevity ‘the Tribunal’) whereby petitioners have been declared as encroachers of the properties of Haji Khuda, Baksh Waqf Estate No. 1190.

3. Civil Revision Nos. 73 of 2019 has been filed by the petitioner against the order dated 02.04.2019 passed in Eviction Application No. 06 of 2016 whereby petitioner has been declared as encroachers of the properties of Haji Khuda Baksh, Waqf Estate No. 1190 over plot No. 2699.

4. So far Civil Revision Nos. 92 of 2019, 94 of 2019, 98 of 2019, 99 of 2019 and 100 of 2019 are concerned, they have been filed by different petitioners against the common order dated 05-04-2019 passed in Eviction Application No. 05 of 2017 whereby petitioners have been declared as encroachers of the properties of Haji Khuda Baksh, Waqf Estate No. 1190. Details of the encroached portion of the Waqf Estate has been given at the foot of the Eviction Application.

5. The case of the applicant/ Bihar State Sunni Waqf Board (for short ‘the Board’) is that one Haji Khuda Baksh executed a registered deed of Waqf dated 22-09-1933 for his entire properties and had also constructed a mosque known as “Kanhauli Mosque” out of his personal income. It is further case of the Board that after creation of Waqf, Haji Khuda Baksh remains Mutwalli of the Waqf till his life time and after his death his wife, namely, Bibi Sobratan became Mutawalli. The said Bibi Sobratan, in collusion with her nephew, namely, Md Ali got mutated her name in revisional survey khatiyan with respect to the Waqf properties and for this act of mischief, Bibi Sobratan was removed by the Board. Thereafter, the Board authorized one Md. Siddique to take legal steps for removing the name of Bibi Sobratan from the revisional khatiyan and get the name of Kanhauli Masjid entered in her place. Bibi Sobratan filed Misc. Case No. 23 of 1970 against the said order under Section 27(3) of the Bihar Waqf Act in the Court of learned District Judge, Muzaffarpur, which was allowed in favour of Bibi Sobratan holding that Board did not produce any paper showing the execution and registration of Waqf deed by Haji Khuda Baksh. It is pertinent to mention here that against the order of Additional District Judge, Muzaffarpur, the Waqf Board filed appeal before this Court vide Misc. Appeal No. 272 of 1981, which was heard by the Division Bench of this Court. The Division Bench, after hearing the Misc. appeal, allowed the same vide order dated 09-04-1986 and set aside the order passed by the Additional District Judge, Muzaffarpur, whereby, Division Bench of this Court observed that the Waqf is created by Khuda Baksh and her wife Bibi Sobratan, who assailed the existence of Waqf, admitted that her husband Khuda Baksh (Waqif) was always engaged in pious and charitable service of Waqf connected with Masjid, and earning from the orchard was being used for the maintenance of Masjid. Bibi Sobratan also admitted that her husband, upon his death, asked her to look after the affairs of Waqf and Masjid. The said Bibi Sobratan died while the case was pending in the court below and her nephew Md. Ali was substituted in her place. The Division Bench further rejected the claim of O.P., namely, Md. Ali, nephew of Bibi Sobratan that he was adopted as a son by Bibi Sobratan and the same could not be accepted, as the Mohammedan law does not recognize adoption as mode of filiation. Against the said order, the nephew of Bibi Sobratan, namely, Md. Ali moved before the Hon’ble Supreme Court in S.L.P. No. 8161 of 1986 which was dismissed vide order dated 27-08-1987, and as such, all the properties claimed by Bibi Sobratan wife of Haji Khuda Baksh (Waqif) and her nephew Md. Ali as their personal property were decided and held as Waqf properties