JUDGMENT :

Heard Mr. K.K. Mahanta, the learned senior counsel assisted by Ms. N. Begum for the petitioners and Mr. S. Ali, learned counsel appearing on behalf of the Respondent No. 1.

2. It appears from the records that on the submission made by the learned counsel appearing on behalf of the petitioners, the names of the respondent Nos. 2, 3 and 4 were deleted from the array of the parties vide an order dated 11.06.2020.

3. The instant application under Article 227 of the Constitution is directed against the order dated 21.8.2019 passed by the Wakf Tribunal of Assam (for the sake of convenience referred as ‘the learned Tribunal’) in Title Suit No. 1/2018 whereby the suit was dismissed by deciding preliminary issues against the plaintiffs/the petitioners herein.

4. It appears from a perusal of the instant application that a suit was initially instituted before the Court of the Civil Judge (Senior Division), Kamrup(Metro) at Guwahati which was registered and numbered as Title Suit No. 423/2004. The plaint of the said suit is enclosed as Annexure-1 to the instant application. A perusal of the plaint reveals that the said suit was filed seeking the following reliefs :

“(a) A decree declaring that the plaintiffs have acquired possessory right over the suit land.

AND

(b) A decree declaring that the interest of the defendants Nos. 1 & 2 over the suit land stood extinguished by efflux of time and that the same have devolved upon/acquired by the plaintiffs.

AND

(c) A decree of confirmation of possession of the plaintiffs over the suit land.

AND

(d) A decree of permanent injunction restraining the defendants, their agents, servants, employees and/or any person or persons claiming to be under them from entering into/interfering with/encroaching upon the peaceful possession of he plaintiffs over the suit lands and properties.

AND

(e) Costs of the suit.

AND

(f) Any other relief or reliefs which the plaintiffs may be found to be entitled to and as to your Honour may deem fit and proper.”

5. The facts leading to the filing of the said suit have been narrated in the plaint. It is however interesting to note that the Chief Executive Officer of the Assam Board of Wakf (the Respondent No. 1 herein) was however not arrayed as a party to the said suit. Be that as it may, from a perusal of the plaint, the instant application as well as the impugned order, the following facts are discernible.

6. A plot of land measuring 14 Bighas 2 Kathas 0 Lecha covered by various 3rd Dags and Periodic Patta numbers of Guwahati Sahar Mouza-Guwahati Part in the district of Kamrup corresponding to Touzi No. 53 Patta No. 368 of 1889-90 settlement within Fancy Bazar Lot was owned and possessed by one Ohidur Rahman(since deceased). During the his life time, Late Ohidur Rahman, on 20/3/1890, executed and registered a wakf-nama whereby Lt. Ohidur Rahman created a waqf over his entire area of land along with one pucca house of 30 cubits length and 15/ ½ cubits breadth and one tin roofed Assam Type House of about 21 cubits long and 12 cubits wide. In terms of the said waqf-nama, the said Waqf Estate so created was for religious purpose only and Late Ohidur Rahman during his life time appointed himself as the mutawali of the said Waqf Estate.

7. It has also been mentioned in the plaint that at the time of death of Late Ohidur Rahman, he left behind his widow, his minor son and one daughter and the lands belonging to late Ohidur Rahman devolved upon his legal heirs. It was also mentioned in the plaint that Late Ohidur Rahman’s son Khan Saheb Khalilur Rahman became the absolute owner of all the property left behind by his father Late Ohidur Rahman after his sister one Samsunnessa Bibi had on 30/11/1931 relinquish her share over the properties. Further to that as would be seen from the plaint, during the life time of Khan Saheb Khalilur Rahman, he had erected several permanent structures upon the said land and leased/let out on rent to various persons, some of whom were predecessors in interest