IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA

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ON THE 12 OF SEPTEMBER, 2025 CIVIL REVISION No. 400 of 2019 MO. RASHID Versus M.P. WAQF BOARD AND OTHERS Appearance:

Shri Santosh Agrawal, Advocate for the applicant.

Shri Alok Katare, Advocate for respondent No.1.

Shri S.S.Kushwaha, Government Advocate for respondent Nos. 3 and

4/State.

ORDER This civil revision, under section 83(9) of Waqf Act, 1995 read with S.115 of CPC has been filed against the order dated 22/3/2019 passed by Madhya Pradesh State Waqf Tribunal, Bhopal in Case No. 38/2013.

2. The facts necessary for disposal of present civil revision, in short, are that applicant Rashid filed a civil suit under section 83(2) of the Waqf Act for declaration of title and permanent injunction. It was claimed by the applicant that he is the owner and in possession of Plot No. 55/884 area 87 square meter and plot No. 56/884 area 68 square meter situated in Tahsil Sironj, District Vidisha. It is the case of the applicant that originally the land was recorded in the name of Mustafa Shah, who is the grandfather of the applicant. Mustafa Shah had purchased Khasra No. 848 in a public auction Signature Not Verified Signed by: ANAND from Nawab Sahab Tonk. After the death of Mustafa Shah, the property was inherited by his father Kudrat Shah and on 6/7/2004, his father Kudrat Shah gifted the property to the applicant by Hiba and since then the applicant is exclusive owner and in possession of the property in dispute. Kudrat Shah has expired on 14/2/2005. District Waqf Committee, Sironj had filed a civil suit No. 76/67 before the Court of II Civil Judge Class II, Tahsil Sironj, District Vidisha, which was dismissed by judgment and decree dated 5/8/1971 with a finding that the District Waqf Committee, Sironj has failed to prove that it was the owner of the property in dispute. Civil Appeal No. 521-A/71 was also dismissed by Additional District Judge, Vidisha by judgment and decree dated 1/5/1973. It was further pleaded that Noshe Khan, Irfan Khan, Harun Khan and Mehboob Khan are the tenants of the applicant. However, by order dated 8/5/2012, defendant No.1 has passed an order of eviction against the tenants of the applicant. It was pleaded that defendant No.1 has passed the order dated 8/5/2012 by holding that the tenants are the encroachers of Waqf property having registration No. 176/145 whereas only 184 square meter of square meter of Khasra No. 884 is mentioned at serial number 145 of gazette notification dated 25/8/1989. Except 184 square meter of land forming part of Khasra No. 884, the remaining part of Khasra No. 884 was never notified as Waqf property and, accordingly, it was prayed that the orders of eviction passed by respondent No.1 against Irfan Khan, against Noshe Khan, against Mehboob Khan, against Harun Khan and against Munne Khan are liable to be quashed and accordingly it was prayed that applicant be declared as an exclusive owner of Plot No. 55/884 area 87 Signature Not Verified Signed by: ANAND square meter, plot No. 884 area 86 square meter and it was also prayed that the order dated 8/5/2012 passed by defendant No.1 in Case Nos. 34/10, 35/10, 36/10, 31/10 and order dated 28/12/2012 passed in Case No. 38/10 be declared as null and void and it was also prayed that registration of the property mentioned in Waqf registration No. 78/145/176 be declared as null and void and it be declared that it is not a Waqf property and the defendants/ respondents be restrained permanently from interfering with the peaceful possession of applicant either by themselves or by their agents.

3. Defendant No. 1 filed its written statement and denied all the averments with regard to the purchase of property by Mustafa Shah in public auction. It was also pleaded that the judgment passed by the Civil Court in Civil Suit No. 76/67 is not binding on defendant No. 1 as it was not a party to the said suit. It was further pleaded that 184 square meter of land formi