Point of Law: when there is an allegation of fraud by non-disclosure of necessary and relevant facts or concealment of material facts, it must be inquired into. It is only after evidence is led coupled with intent to deceive that a conclusion of fraud could be arrived at. A mere concealment or non-disclosure without intent to deceive or a bald allegation of fraud without proof and intent to deceive would not render a decree obtained by a party as fraudulent.

JUDGMENT :

1. Both Civil Revision Applications were heard together and hence are being disposed of by this common CAV Judgment.

2. Both these Civil Revision Applications have been filed under the provisions of Section 83(9) of the Waqf Act, 1995 read with Section 115 of the Code of Civil Procedure. These Revision Applications have been filed to challenge the order dated 22.9.2020 passed by the Gujarat State Waqf Tribunal, Gandhinagar in Appeal No.30 of 2019.

3. Civil Revision Application No.162 of 2020 has been filed by the Gujarat State Waqf Board challenging the order of the Tribunal which quashed and set aside the order dated 23.9.2019 passed by the Board. Civil Revision Application No.186 of 2020 has been filed by one Muniruddin Fakruddin Farooqi – Respondent No.1 in the Appeal before the Tribunal.

4. The facts in brief are as under:

* Shaikh Aunali Ismailji Ejji preferred an application No.73 of 2018 in the prescribed form under Section 36 of the Waqf Act in April, 2018 to register one Trust by the name of Molayee Yakub Saheb Dargah, Daudi Bohra Samaj Qubrastan Waqf, Patan. The application was to register the Trust as a Waqf. Alongwith the application, the Applicant gave a declaration of Waqf in which he made a statement on oath regarding the properties owned by the Waqf. As prescribed under the Act, a paper publication was made inviting objections, if any, against the registration of the Waqf as made by the Applicant Shaikh Aunali Ismailji Ejji. Since no objections were received, the registration was made of the Waqf by the Board under Section 36 of the Waqf Act by an order dated 20.6.2018. The Trust was registered as Maulana Yakub Sahed Dargah, Daudi Bohra Samaj Qubrastan Waqf and a certificate was issued under Section 36 of the Act.

* On 24.6.2018, the Applicant of Civil Revision Application No.186 of 2020 Muniruddin Fakruddin Farooqi raised an objection which was received by the Board on 12.3.2019. He claimed to be the Administrator of a Trust registered under the Bombay Public Trust Act. As per the objection so received, it was the case of the objector / Civil Revision Applicant No.186/2020 that the Trust that was registered by the order dated 20.6.2018 had a similar name as that of one of the Trusts and the objection further was that inquiry ought to be made as to the claim of the Trust regarding the properties of Waqf including Dargah and Qubrastan. On the objection being received, the Board made inquiries. An inquiry report was submitted by the members of the petitioner Board on 6.7.2019. The inquiry report prima facie recorded a finding that as per the claim of the Applicant whose Waqf was registered on 20.6.2018, there was no Dargah or Qubrastan found as claimed in the application and what was in fact found was one in the Shopping Center. The inquiry report was so filed opining that the Waqf Board had been misled into registering the Trust and, therefore, the registration ought to be cancelled. A show cause notice was issued by the Waqf Board on 25.7.2019 to the Respondent No.1 of Civil Revision Application No.162 of 2020 namely Shaikh Aunali Ismailji Ejji asking him to show cause as to why the registration should not be cancelled. In response to the show cause notice, the Respondent No.1 responded by saying that the object of the Trust was to provide facility of food and stay to the devotees to the Dargah of Molayee Yakubsaheb Dargah and there was therefore no false or a misleading statement made. The Board, however, by an order dated 23.9.2019 cancelled the registration of the Trust of the Waqf of the Respondent No.1. After the order was so made, the Respondent No.1 filed an appeal namely; Waqf Appeal No.30/2019 before the Gujarat Waqf Tribunal. The Tribunal by the order impugned in these revision applications dated 22.9.2020 set aside the order of the Board dated 23.9.2019 by which the Board cancelled the reg