IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA ON THE 28^th OF OCTOBER, 2025 CIVIL REVISION No. 728 of 2019 ZARDAR KHAN S/O SHRI MUNIR KHAN (DIED) THR. FOLLOWING LEGAL REP. HUSSAIN KHAN AND OTHERS Versus M.P. STATE WAQF BOARD THR. AND OTHERS Appearance:

Mr. K.N. Gupta - Senior Advocate, assisted by Mr. F.A. Shah and Ms. Suhani Dhariwal - Advocate for applicants.

Mr. Alok Katare - Advocate for respondent No. 1.

Mr. N.K. Gupta - Senior Advocate, assisted by Mr. Saket Sharma - Advocate for respondents No. 2.2 to 2.13.

Mr. Sanjay Singh Kushwaha - Govt. Advocate for respondent No. 3 / State.

ORDER This civil revision has been filed under Section 83 (9) of Waqf Act against the order dated 22/8/2019 passed by M.P. State Waqf Tribunal, Bhopal, in Case No. 33/2006, by which the suit filed by applicants under Section 83 (2) of Waqf Act has been dismissed.

Signature Not Verified

2. The facts necessary for disposal of present revision, in short, are that applicants filed a suit for declaration of title and permanent injunction, pleading inter alia that old Khasra No. 3891 (new Khasra No. 658), 3892 (new Khasra No. 659), 3879 (new Khasra No. 660), 3880, 3893, 3894, 3895/1, 3896/1, 3881, 3895/2 (new Khasra No. 661), and 3896/2, total area 11.519 hectares = 52 bigha of land situated in Vidisha is the disputed property. It is the case of applicants that Nathe Khan was the original owner of the property in dispute. He died in the year 1954, and after his death, the property went to his widow Smt. Shakkar Bi. The name of Shakkar Bi was also duly recorded in the revenue records. Shakkar Bi remained in possession of the property during her lifetime. Earlier, Khata No. 133 was the joint property of Nathe Khan, Nazir Khan, Shakur Khan, and Gafur Khan. After the partition, Shakkar Bi got one- third of the said property, i.e., 52 bigha, and accordingly, Shakkar Bi, came in possession as the sole owner. According to plaintiffs/applicants, the pedigree is as under:

Signature Not Verified Nathe Khan |

Smt. Shakkar Bai (wife of Nathe Khan)

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Smt. Begum Bi Smt. Bakko Bi | |

Smt. Bibbo Bi (died issueless) Munir Khan (Husband of Bakko Bi)

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Zardar Khan Smt. Zubaida Smt. Ameena Bi Smt. Haseena Bi From the year 1964, Smt. Shakkar Bi was not keeping well. Munir Khan, who was the husband of Bakko Bi, and was her son-in-law in relation, was residing with Shakkar Bi. He was looking after Shakkar Bi and accordingly, Shakkar Bi executed a registered Will dated 24/10/1964 in favor of Munir Khan. Shakkar Bi died on 4/11/1967, and thereafter, Munir Khan became the sole owner and in possession of the property in dispute by virtue of Will. It was the case of applicants that the father of applicants, namely Munir Khan, had carried out the cultivation work. Munir Khan gave one part of the land, i.e., Khasra No. 660 area 10.787 hectares to Shri Kashiram on batai purposes. Thereafter, Kashiram remained in cultivating possession of the property in dispute, and every Signature Not Verified year he used to give half share in the crop. Thereafter, Kashiram gave 10.787 hectares of land to Smt. Gulab Bai, Shri Balveer Singh, Shri Vikram Singh, and Shri Surendra Singh in an illegal manner. It was claimed that since Gulab Bai and others are the sikmi pattedar, therefore, they are not necessary party and are not being impleaded. Munir Khan died on 12/9/1984, and accordingly, it was claimed by applicants that they became the owner and in possession of the property in dispute. It was pleaded that after the death of Munir Khan, plaintiffs were in actual cultivating possession, and from time to time, they had got the land cultivated on batai basis. In the month of October 2003, a notice of Civil Suit No. 7A/2003 was received from the District Court, Vidisha, which was instituted by Secre