The Partition Deed concerning Waqf property is deemed a family arrangement, not a transfer, and is time-barred under the Limitation Act.

JUDGMENT :

Bibhas Ranjan De, J. :

1. The challenge in this revision application is the judgment dated 15.03.2022 passed by the Ld. Waqf Tribunal, West Bengal in connection with suit no. 72 of 2016 by invoking jurisdiction under Article 227 of the Constitution of India.

Background:-

2. The case of the Petitioners in brief is that their predecessors viz., Hazi Ibrahim Khalifa created a Waqf by executing Waqf Deed on 27.11.1933 dedicating properties measuring 25 acres 72 decimals for the maintenance of his family and for religious, pious and charitable purposes. The Waqf Estate is enrolled with the Board of Auqaf under E.C. No.1454 in the name of "Hazi Ibrahim Khalifa Waqf Estate" under classification of Waqf-alal aulad. It is pleaded that Plaintiffs are beneficiaries of the Waqf Estate and are entitled to be Mutawalli of the Waqf Estate. Plaintiffs are enjoying the Waqf properties with their residence and perform charitable and religious activities as per direction of the Waqif. The Plot No.46 measuring 1.86 acres under C.S. Khatian No.931, L.R. Khatian Nos.2781, 3762, 3791 and 3870, Mouja-Zirakpur, J.L. No. 94, P.S. Basirhat, District - North 24 Parganas is part of the Waqf Estate and same is shown in the schedule of the suit property. It is further pleaded that in the month of January, 2016, one Md. Nurul Islam Khalifa (since deceased) tried to make pucca construction over Schedule-B property which is part of Schedule–A property, illegally. Plaintiffs and other beneficiaries of the Waqf Estate raised objection. Defendant no. 1 (now deceased) allegedly claimed 1.22 acres of Schedule-B property out of 1.86 acres as his secular property by virtue of registered Partition Deed being No.10991 dated 03.12.1956. It is stated that registered Partition Deed dated 03.12.1956 is illegal and after knowing the illegality of partition deed, Plaintiffs made complaint before Board of Auqaf and Board of Auqaf sent a letter to Defendant No.1 (since deceased) on 13.07.2016 with a direction to make his comment regarding registered Partition Deed but no fruitful result sprouted. It is pleaded that Defendant No.1 (now his legal heirs) have no right, title and interest in the suit property and cannot claim Schedule-B property as secular property. The main purpose of executing Partition Deed was to grab the Waqf property illegally and for personal gain. It is pleaded that it is a settled law that once a Waqf always a Waqf and transfer of Waqf property is illegal. It is pleaded that cause of action arose firstly on 03.12.1956 when alleged Deed of Partition was executed but it lastly arose in the month of January, 2016 when Defendants started to make pucca construction over the Schedule-B property illegally.

3. Thereafter, the Petitioners filed a suit vide Suit No. 72 of 2016 before the Learned Waqf Tribunal, West Bengal, praying for a decree of declaration that the Partition Deed being 10991 dated 03.12.1956 was null and void and/or invalid and/or inoperative. A further prayer was also made for a decree of declaration disentitling the Respondents’ deceased father to have any right, title and interest in respect of the suit property in a secular manner by virtue of the Partition Deed being 10991 dated 03.12.1956 and for a decree of permanent injunction restraining the Respondents’ deceased father, their men, agent and associates from interfering into the suit premises in any secular manner which was rejected by the Ld. Tribunal vide the judgement dated 15.03.2022. Being aggrieved by and dissatisfied with the impugned judgement, the revisionists have preferred the instant application.

At the Bar:-

4. Ld. Counsel, Mr. Arnab Dutt, appearing on behalf of the petitioners has contended that there is no dispute that the subject property is Waqf aulad property under the name and style of Hazi Ibrahim Khalifa Waqf Estate. Mr. Dutt has referred to the provision of Section 104A of the Waqf Act and submitted that transfer of Waqf property by way of sale deed, exchange, mo