The Wakf Tribunal's dismissal of the counterclaim was quashed, mandating reconsideration of property classification in compliance with registration provisions under the Wakf Act.

JUDGMENT :

B.R. SARANGI, J.

1. The petitioners, who were the defendants no. 1 to 8 before the State Wakf Tribunal, Odisha, Cuttack in Case No. W.T.(O)/O.A.6/2005, have approached this Court seeking to quash the judgment dated 12.06.2007 passed by the Wakf Tribunal in dismissing their counter claim filed against the plaintiff-opposite party no.2 and defendant no.9-opposite party no.3, despite the fact that the petitioners are recorded as Marfatdars in respect of suit schedule properties and the same had never been acquired or treated as wakf properties.

2. The factual matrix of the case, in brief, is that the land appertaining to plot no.7 measuring an area of Ac.0.53 dec. with noting as “Kabarsthan” and plot no.9 measuring an area of Ac.0.75 dec. with noting as “Peer Asthan” under khata no.164 as per 1927 Sabik Settlement ROR of Mouza-Pipili Sasan under ‘Stitiban’ status stood recorded in the name “Sindh Baig Saheb” marfat Boudi Sha and Roshan Sha, both are sons of Munsab Sha (ancestors of present petitioners). The said suit plots correspond to 1966 hal settlement plot no.7 measuring an area of Ac. 0.53 dec. under kissam ‘Debasthali’ and plot no.9 measuring an area of Ac 0.80 dec. under kisam ‘patita’ status ‘sthitiban' under khata no.213 which stood recorded in favour of Faizal Sha and Mahmad Sha both are sons of Baudi Sha. The aforementioned suit plots further correspond to plot no.6 measuring an area of Ac.0.53 dec. under kisam ‘Kabarsthan' and plot no.7 measuring an area of Ac. 0.80 dec. under kisam ‘Debasthali' under hal khata no.424 as per hal consolidation R.O.R finally published in the year 1994 which has been recorded in the name of the present petitioners, who had been arrayed as defendant nos.1 to 8 in the suit.

3.1 The aforesaid RORs consistently recognises the right, title and interest of the petitioners over the aforesaid properties and their long standing possession over the same. They have also planted trees over the suit properties in order to maintain the ecological balance and have been maintaining and utilising the graveyard for their own family purpose. The present petitioners' possession over the aforesaid properties is evident from the rent receipt granted by the State Government in lieu of payment of rent, who have also recognised their lawful ownership and possession of the land in question.

3.2 The opposite party no.2 along with some other persons tried to grab the aforesaid properties from the petitioners, though he has no manner of right either to represent the “institution” or to act as the President of the Managing Committee of the institution “Sayed Singh Baig Peer Saheb and Kabarsthan” bije Pipili Sasan. The opposite party no.2 along with his associates gave threat of interfering in the management and possession of the suit properties for which the petitioners instituted a suit to restrain opposite party no.2 and others permanently from interfering with their rights of Seva puja of the Peer, enjoyment, management and possession of the same. The said suit was registered as civil suit no. 15 of 2005 before the Civil Judge (Senior Division), Puri. With an ulterior motive, the opposite party no.2 in connivance with opposite party no.3, constituted a managing committee for the first time through a general meeting convened on 07.01.2005 headed by opposite party no.2 and the said committee was approved by opposite party no.3 on 18.01.2005. In the said committee, petitioners no.1 and 6 were included as members, though they had never given consent for the same.

3.3. The opposite party no.2, subsequent to the formation of the managing committee, instituted a suit vide W.T.(O)/O.A. No. 6/2005 before the Wakf