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. 611 of 2019 BALVEER SINGH RATHORE AND OTHERS Versus MADHYA PRADESH WAKF BOARD THR. AND OTHERS Appearance:

Mr. N.K. Gupta – Senior Advocate, assisted by Mr. Saket Sharma – Advocate for applicants.

Mr. Sanjay Singh Kushwaha – Govt. Advocate for respondent No. 2/State.

Mr. K.N. Gupta – Senior Advocate, assisted by Ms. Suhani Dhariwal – Advocates for respondents No. 3 to 5.

ORDER This civil revision under Section 83 (9) of Waqf Act has been filed against the order dated 22/8/2019 passed by M.P. State Waqf Tribunal, Bhopal, in Case No.29/2006, by which application filed by applicants under Section 83 (2) of Waqf Act, for declaration of their title as well as Signature Not Verified declaration that property in dispute is not the waqf property, has been dismissed.

2. It is the case of applicants that property in dispute was of Nathe Khan and Nathe Khan had given the property in dispute to Jalam Singh on 23/11/1933. Later on, Jalam Singh acquired the Bhumiswami rights. Jalan Singh had died issueless, and accordingly, after his death, his widow Janki Bai became the owner of the property in dispute. Janki Bai, during her lifetime, had executed a registered Will in favour of Shankar Singh on 18/4/1951, and after the death of Janki Bai, father of applicants, namely Shankar Singh, became the owner and in possession of property in dispute. After the death of Shankar Singh, Gulab Bai (mother of applicants), as well as applicants became the owners and in possession of property in dispute.

3. It is not out of place to mention here that legal representatives of Nathe Khan had also filed an application under Section 83 (2) of Waqf Act which was dismissed by the M.P. State Waqf Tribunal by order dated 22/8/2019 passed in Case No.33/2006. Against the said order, legal Signature Not Verified representatives of Nathe Khan had filed Civil Revision No. 728/2019 [Zardar Khan S/o Shri Munir Khan (Died) Thr. Following Legal Rep. Hussain Khan And Others Vs. M.P. State Waqf Board Thr. And Others], and today, by a separate order passed in the case of Zardar Khan (supra), this Court has held that neither Nathe Khan nor his predecessors were the owners and in possession of property in dispute.

4. It is fairly conceded by counsel for applicants that the case in hand is duly covered by the order passed by this Court in the case of Zardar Khan (supra).

5. Heard learned counsel for applicants.

6. This Court in the case of Zardar Khan (supra) has held as under:

“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.

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, Signature Not Verified 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:

Nathe Khan |

Smt. Shakkar Bai (w