Case Note & Summary
The case involves a civil revision application filed by Tukaram Dashrath Hiwre (original defendant No.1) against the judgment and order of the Wakf Tribunal, Aurangabad, in Wakf Suit No.104 of 2009. The suit was filed by Sayyed Zahurul-Haqu (original plaintiff) seeking possession of agricultural land bearing Survey No.22 (Gat No.98), admeasuring 26 Acres, situated at village Saundalgaon, Taluka Ambad, District Jalna. The plaintiff claimed that the property belongs to Dargah Peer Saheb and is a wakf property registered in the list of wakfs published by the State Government in 1975. The plaintiff asserted that he is the Mutawalli of the Dargah, having succeeded his predecessor Sayyed Abdullah, with succession granted on 7th December 1988 under the Atiyat Act. The revenue records, including Khasra Patrak, Pahani Patrak, consolidation records, and 7/12 extracts, consistently showed the property as belonging to the Dargah. The plaintiff contended that the defendant Tukaram was in possession of the property without any right and was a trespasser. The defendant denied the wakf character and claimed adverse possession. The Wakf Tribunal decreed the suit for possession. The High Court, in revision, upheld the Tribunal's decision, holding that the property is wakf property, the plaintiff is the Mutawalli, and the defendant's claim of adverse possession fails. The court found that the defendant was a licensee and his possession was permissive, and the suit was within limitation. The revision application was dismissed with costs.
Headnote
A) Wakf Law - Jurisdiction of Wakf Tribunal - Section 85 of Wakf Act, 1995 - The Wakf Tribunal has exclusive jurisdiction to decide disputes relating to wakf property, including suits for possession. The civil court's jurisdiction is barred. (Paras 1-5) B) Wakf Law - Proof of Wakf Character - Registration in Government List and Revenue Entries - The property was registered in the list of wakfs published by the State Government in 1975 and consistently shown as wakf property in revenue records (Khasra Patrak, Pahani Patrak, 7/12 extracts). Such entries are sufficient to establish the wakf character. (Paras 2-3) C) Wakf Law - Mutawalli - Succession under Atiyat Act - The plaintiff's predecessor was Mutawalli and succession was granted to the plaintiff on 7th December 1988 under the Atiyat Act. The plaintiff is entitled to maintain the suit for possession as Mutawalli. (Para 2) D) Limitation Act - Adverse Possession - Claim against Wakf Property - The defendant's claim of adverse possession fails because the property is wakf property and the defendant was a licensee/permissive possessor. The suit for possession filed within 12 years of the defendant's possession becoming adverse is within limitation. (Paras 4-5)
Issue of Consideration
Whether the Wakf Tribunal had jurisdiction to entertain the suit for possession of wakf property and whether the plaintiff proved his title as Mutawalli and the wakf character of the property.
Final Decision
The High Court dismissed the civil revision application with costs, upholding the decree for possession passed by the Wakf Tribunal.
Law Points
- Wakf property
- Mutawalli
- Succession
- Atiyat Act
- Adverse possession
- Wakf Tribunal jurisdiction
- Section 85 of Wakf Act
- 1995
