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BIBHAS RANJAN DE
Jalaluddin Khalifa – Appellant
Versus
Amirul Islam Khalifa – Respondent
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 s
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