The court held that property classification as Wakf must comply with statutory requirements; insufficient evidence and flawed documentation make the Tribunal's ruling unsustainable.

JUDGMENT :

(DEVASHIS BARUAH, J.)

1. Heard Mr. J Deka, learned counsel appearing on behalf of the petitioners. Also heard Ms. R Choudhury, learned counsel for respondent Nos.2 & 3. None appears for the respondent No.1, WAKF Board.

2. The jurisdiction under proviso to Sub-Section (9) of Section 83 of the WAKF ACT , 1985 (for short, “the Act of 1985”) have been invoked to challenge the correctness, legality and validity of the judgment and decree dated 17.05.2008, passed by the learned Presiding Officer, WAKF Tribunal, Guwahati, (for short the learned Tribunal), in WT Case No.1/2007 (Title Suit No.59/1996).

3. The brief facts which lead to the filing of the instant proceeding is narrated herein. For the purpose of convenience the parties herein are referred to in the same status as they stood before the learned Tribunal.

4. The respondent Nos.1, 2 & 3 herein joint together as plaintiffs to file the suit being Title Suit No.59/1996 before the learned Court of the Munsiff No.1, Goalpara against the petitioners herein, seeking declaration that the suit land is a part of the Wakf Property, for recovery of possession of the suit land by evicting the defendants (the petitioners herein) by demolishing and removing the houses and structures standing thereon; for permanent injunction restraining the defendants from possessing the suit land after the defendants are evicted from the suit land in due course of law; for mesne profit at the rate of Rs.50/- per month from the date of institution of the suit till the defendants are evicted and possession is delivered to the plaintiffs and for cost of the suit.

5. The case of the plaintiffs in the suit is that the suit land is of Wakf property covered by Dag No.19 situated at Chandaria under Balijana Circle in the district of Goalpara. The said property as per the plaintiffs was registered by the Assam Board of Wakf under provisions of the WAKF ACT and the plaintiff No.2 was the Mutawalli of the said Wakf property as well as was also the President of Anjumane Khadimul Islam, Goalpara and the plaintiff No.2 is the Secretary of the said Anjumane Khadimul Islam, Goalpara.

6. It is the case of the plaintiffs that the defendants have their residence contiguous to the west of the Wakf property and taking advantage of the position, in the month of September, 1995 trespassed into the suit land which is a Wakf property and constructed two thatched houses therein and since then the defendants have been possessing the suit land as trespassers. On the basis thereof, the said suit was filed seeking the reliefs as above mentioned.

7. The defendants joint together and filed their written statement raising various preliminary objections as regards the maintainability of the suit and more particularly, that the Secretary of the Assam Wakf Board had no authority to institute the suit and there has been no resolution passed by the plaintiff No.1 to institute the suit. On merits, the defendants stated that the suit land is not a Wakf property and that they have been possessing the suit land on the basis of a registered gift deed executed by one Javed Ali in favour of the defendant No.1. It was further mentioned that after the execution of the said registered gift deed, the defendant No.1 constructed four houses on the said land in the month of December, 1979 and thereupon have been living peacefully, continuously with the knowledge of Anjumane Khadimul Islam and its office bearers.

8. The le