The main legal point established was that illegal occupants cannot challenge the title of the property owner, and abuse of the legal process to continue possession can lead to dismissal of the appeal.

JUDGMENT (Oral)

C.Hari Shankar, J.

CM APPL.32688/2023 & CM APPL.32689/2023 (exemptions)

Exemptions allowed subject to all just exceptions.

LPA 519/2023 & CM APPL.32686/2023 (stay), CM APPL.32687/2023 (for filing additional documents)

1. This letters patent appeal is directed against the following judgment dated 22 May 2023, passed by a learned Single Judge of this Court in WP (C) 6915/2023 (Shadab Anjum & Ors. v. Govt. NCT of Delhi And Ors.):

"1. This hearing has been done through hybrid mode.

2. The present petition has been filed by the Petitioner No. 1-Shadab Anjum, Petitioner No.2-Ranesh Kumar Arora,and Petitioner No. 3-Sanjay Arora (hereinafter collectively "Petitioners ") challenging the notice dated 23rd August, 2022 bearing no. F/TEH/MEH/2022/1082-84 in respect of the property being 1068, Ward No. I, Khasra Number-1151/3, Mehrauli, New Delhi-110030 (hereinafter "subject property") wherein the SDM, (Mehrauli) has issued notice to the Petitioners to vacate the premises within seven days. Admittedly, till date, the Petitioners are in possession of the subject property.

3. The case of the Petitioners is that they are the purchasers of the subject property and trace back their title to Ms. Afroz Nisha and Mehvish Adil. Various documents are relied upon to argue that the Petitioners have a good title to the property. Thus, the Petitioners cannot be dispossessed, except with due process.

4. Mr. Shafiq, Id. Counsel appearing for the Waqf Board submits that this very property was the subject matter of a batch of petitions being C.R.P. 223/20I9, C.R.P.224/2019 and C.R.P. 225/2019 wherein the Court is monitoring the compliance of the orders passed on 15th December, 2021 as also on 22nd February 2022. He submits that the Petitioners have no rights in the subject property and in any event if they have any grievances in respect of the title, their remedies would lie against the sellers with whom they have entered into certain agreements.

5. The property involved in this case has a long history. The subject property is a Waqf Board property and has been the subject matter of proceedings before the Waqf Board and the Waqf Tribunal. The details of the property are as under:

"Property no. 1068, Ward No. 1, Khasra No. 1151/3 min., Mehrauli, New Delhi-110030"

6. In the said Revision petitions arising out of orders passed by the Wakf Tribunal, this Court had, after considering the facts and the background, vide a detailed judgment dated 15th December, 2021, directed as under:

"35. Thus, it is the settled legal position that 'due process ' need not mean onlv an active process initiated by the owner of the property. It can even mean rejection of relief in a proceeding initiated by the occupants/encroachers or persons in possession.

36. Moreover, in the present petitions, the Petitioners have admitted the ownership of the-Waqf Board over the suit property by entering into rent agreements.

37. The recitals in the rent agreements dated 16th October, 2008 and 5th November, 2008 leave no scope for any ambiguity. These rent deeds and material facts have been deliberately and intentionally concealed from the Waqf Tribunal when the plaints were filed. The rent deeds are very clear that the tenancy was only for a period of 11 months. The Petitioners are encroachers/trespassers and in any case, unauthorized occupants of public land belonging to, the Waqf and the said issue has been considered in detail by the Waqf Tribunal. The submission on behalf7 of the Petitioners to the effect that `due process' has not been followed is thus, liable to be rejected.

38. In any event, the Petitioners having entered into rent agreements are stopped from challenging the title of the Waqf Board as stipulated under Section 116 of the Evidence Act. Under Such circumstances, this Court has no hesitation in holding that the dismissal of the applications for injunction vide orders of the Waqf Tribunal dated 4th October, 2019 is in accordance with law.

39. Accordingly, the applications fo