JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through video conferencing.

2. The costs of Rs.10,000/- in terms of previous order dated 10th November, 2021 are stated to have been paid. Mr. Wajeeh Shafiq, ld. Standing Counsel for the Respondent/Delhi Waqf Board acknowledges the same.

3. The present revision petition has been filed challenging the order dated 29th September, 2018 passed by the Ld. Presiding Officer, Wakf Tribunal, New Delhi (hereinafter, "Trial Court") in Suit No.ML/82/2016 (Old Suit No.12/2007) titled Parvez Noor v. Delhi Waqf Board. The case of the Petitioner is that the suit property was not a Waqf property, and the Delhi Waqf Board has no right, title and interest to interfere in the use and occupation of the suit property with the Plaintiff.

4. The petition arises out of a suit filed by the Petitioner in respect of property bearing no. A-389/A, Amar Puri, Nabi Karim, Pahar Ganj, New Delhi, admeasuring about 200 sq. yards. (hereinafter, "suit property"). The reliefs sought in the said suit are as under:

"i) issue Decree of Declaration in favour of the plaintiff and against the defendant declaring to the effect that the order bearing No.12/SO/468/DWB/2006/685 dated 05.05.2007 passed by Shri S.M. Ali, Chief Executive Officer, Delhi Wakf Board, Government of NCT of Delhi, New Delhi, is illegal, void ab-initio and liable to be set-aside;

ii) issue Decree of Declaration in favour of the plaintiff and against the defendant declaring to the effect that the plaintiff is the absolute legal owner of land/property bearing No.A-389/A, Amar Puri, Nabi Karim, Pahar Ganj, New Delhi situated in an area measuring about 200 sq. yds. and that since the said suit land/property is not a wakf property, Delhi Wakf Board has no right, title or interest to interfere in the use, occupation and possession of the said suit land/property by the plaintiff;

iii) pass a Decree of Permanent Injunction in favour of the plaintiff and against the defendant, its agents, servants assigns, etc. restraining it from interfering in the use, occupation and possession of the said suit land by the plaintiff and from disturbing the settled possession of the plaintiff qua the said suit land in any manner whatsoever except due process of law;

iv) cost of the suit may also be awarded in favour of the plaintiff and against the defendant;

v) such other or further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case be also passed in favour of the plaintiff and against the defendant."

5. The following issues were framed by the Trial Court:

"1. Whether the suit is maintainable as per provisions of Wakf Act, 1995? OPP

2. Whether the impugned order dated 05.05.2007 passed by Chief Executive Officer, DWB is illegal and liable to be set aside? OPP

3. Whether the plaintiff has any right, title or interest in the suit property? OPP

4. Whether the suit is properly valued? OPD

5. Relief."

6. The findings of the Trial Court on each of the issues are as under:

Issue No.1:

On the strength of Section 54 of The Waqf Act, 1995 (hereinafter, "Act") and non-compliance of the Section 89 of the Act, the Trial Court has held that the suit was maintainable. Accordingly, Issue No.1 was decided in favour of the Plaintiff.

Issue No.4

Insofar as valuation of the suit property is concerned, the Trial Court held that the Defendant has failed to discharge the onus in respect of this issue. Accordingly, Issue No.4 was also decided in favour of the Plaintiff.

Issue No.2 & 3

Insofar as Issue Nos. 2 and 3 relating to the title of the Plaintiff in the suit property is concerned, the Trial Court came to the conclusion that the Plaintiff is in un