JUDGMENT

Lok Pal Singh, J.—Present civil revision under Section 83(9) of the Waqf Act is directed against the judgment and order dated 27.10.2018 passed by Waqf Tribunal, Haldwani, District Nainital in Waqf Case No. 11 of 2017 “Suresh Chandra Joshi Vs. State of Uttarakhand and others”, whereby the tribunal has dismissed the suit as barred by time while deciding issue no.5.

2. Brief facts leading to the present case are that the revisionist/plaintiff instituted the aforesaid suit in the Waqf Tribunal for the decree of declaration, mandatory and prohibitory injunction with the averments that the suit property was inherited by the plaintiff/revisionist from his father and he is in actual physical possession of the suit property. The suit property was nazul property, which was leased out to one Sri Dharmanand, Forest Guard in the year 1925-26. Later on, the said lease was transferred in favour of Shri Hari Datt Joshi and Sri Raghbar Datt Joshi in the year 1927-28 and since then they had been in possession of the property in dispute. Sri Raghbar Datt Joshi died in the year 1950 leaving behind his two sons Sri Laxmi Datt Joshi and Sri Keshav Datt Joshi. Sri Hari Datt Joshi also died in t