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2017 Supreme(HP) 16

MANSOOR AHMAD MIR, SANDEEP SHARMA
H. P. Waqf Board – Appellant
Versus
Khwaja Khallilula – Respondent


Advocates Appeared:
For the Petitioner:Mr. B.C. Negi, Senior Advocate, with Mr. Raj Negi, Advocate
For the Respondents:Mr. Khaja Mohiuddin, Advocate

Mansoor Ahmad Mir, J.

This Civil Revision Petition under Section 83(9) of the Wakf Act, 1995, (for short, the Act), is directed against the judgment and decree passed by Wakf Tribunal, Shimla in Civil Suit No.19-S/1 of 2008, dated 19.3.2015, whereby the suit of the plaintiff-H.P. Wakf Board has been dismissed, (for short the impugned judgment).

2. Plaintiff/H.P. Wakf Board filed a suit for declaration and possession on the averments contained in the plaint and claimed the following reliefs:

“i) A decree for declaration may be passed in favour of the plaintiff-Board and against the defendants declaring the plaintiff-Board to be the absolute owner in possession of the suit property i.e. four shops bearing No.2 to 5 as entered in Khasra No.200 old and new 218 situated in Middle Bazar, Shimla as per Jamabandi for the year 2002-2003 of Mohal Bara, Shimla, Tehsil Shimla. It is further prayed that the entries showing defendants to be in possession of the suit property on the basis of settlement notings 36 and 37 and the attestation of the mutation dated 25.3.1992 to be declared null and void, illegal, inoperative, against the right, title, interest of the plaintiff-Board.

ii). That decree for















































































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