Point of Law : It is therefore evident that despite fact that revisionist was removed from his post as Mutawalli/Secretary of managing committee of waqf, application filed by him under Section 83(2) of the Act, 1995 in his individual capacity was clearly maintainable not only as a person interested in a waqf but also as a person aggrieved by order.

JUDGMENT :

1. Heard Mr. Mohd Shadab Khan learned counsel for revisionist and Mr. Syed Aftab Aftab Ahmad learned counsel for opposite parties 4 and 5. The opposite parties 1,2 and 3 being merely proforma in nature, notices are dispensed with.

2. Revision under Section 83(9) of the Waqf Act 1995 has been filed against order dated 26th December, 2022 passed in Case No. 37 of 2022 whereby the suit proceedings have been dismissed on the ground that it has become infructuous.

3. Learned counsel for revisionist submits that the aforesaid case had been filed before the Waqf Tribunal under Section 83(2) of the Act of 1995 against order dated 16th February, 2022 whereby the opposite party No.4 was inducted as a Member of the Committee of Management. It is submitted that the aforesaid suit was filed by the revisionist in his capacity as Mutawalli/Secretary of the Managing Committee of the Waqf as well as in his individual capacity. It is submitted that by means of impugned order, it has been noticed that subsequent to filing of the suit, the revisionist has been removed from the post of Mutawalli/Secretary by means of order dated 20th September, 2022 in terms of Section 67(6) of the Act, 1995 and therefore the cause of action having come to an end, the case itself was dismissed as infructuous.

4. Learned counsel for revisionist submits that the Waqf Tribunal has clearly erred in passing the impugned order while ignoring the fact that suit proceedings were maintainable in the individual capacity of revisionist apart from his status as Mutawalli/Secretary of the Committee of Management. He has adverted to Section 83(2), Section 32(2)g) and Section 3(i)(k) of the Waqf Act 1995 to submit that the revisionist would come within definition of not only a person interested but also a person aggrieved by the initial order and these are the aspects which have not been considered by the Tribunal by passing the impugned order.

5. Learned counsel appearing on behalf of opposite party No. 4 and 5 has submitted that it was on the application made by opposite party No.5 that the impugned order has been passed dismissing the case as having become infructuous. It is submitted that there is no error in the impugned order since the case was filed by the revisionist in his capacity as Mutawalli/Secretary of the Managing Committee of the waqf and since during pendency of proceedings, he was removed from the said post, the cause of action at the instance of revisionist came to an end since he lost his locus standi to maintain the suit. It is further submitted that the revisionist does not come within the definition of either any person interested in a waqf or any other person aggrieved by the order made under the Act and therefore the impugned order rejecting the suit as infructuous has been rightly passed.

6. Considering submissions advanced by learned counsel for parties, it is evident that a suit or proceeding can be instituted before a waqf tribunal in terms of Section 83(2) of the Act of 1995 which authorizes any mutawali or person interested in a waqf or any other person aggrieved by an order made under the Act or Rules made thereunder to make an application before the Tribunal within the specified time frame for determination of any dispute, question or other matter relating to waqf.

7. In the present case, admittedly the plaint was filed by revisionist not only in his capacity as Mutawalli/Secretary of the Managing Committee of waqf but also in his individual capacity. The order against which the suit proceedings were instituted is dated 16th February, 2022 pertaining to inclusion of opposite party No.4 as a member of the managing committee of the waqf. It is also admitted that during pendency of proceedings, revisionist was removed from his post of Mutawalli/Secretary of the managing committee of waqf vide order dated 20th September, 2022.

8. For the purposes of maintaining any proceeding before the waqf tribunal in terms of Section 83(2) of the Waqf Act of 19