1) Applicants have invoked revisionary jurisdiction of this
Court under sub-section (9) of Section 83 of the Waqf Act, 1995 for
setting up a challenge to the judgment and order dated 15 May 2024
passed by the Maharashtra State Waqf Tribunal, Aurangabad. The
Tribunal has decreed the suit filed by Respondent Nos.1 and 2 and has
directed the Applicants to deliver vacant possession of the suit property
to Respondent No.3-Waqf Institute with further direction to conduct
enquiry into mesne profits under Order 20 Rule 12 of the Code of Civil
Procedure, 1908 (the Code).
2) It is the case of the Plaintiffs (Respondent Nos.1 and 2) that
Kamruddin Masjid (Jamaiyatul Kubra) Camp, Pune is a Waqf Institute.
Plaintiffs claim that they are Muslims professing Islam and are
interested persons in the said Waqf Institute. House No.1870, Ground
floor, Gaffar Baig Street, Near Kamruddin Masjid, Kamathipura
admeasuring 350 sq.ft. is the ‘suit property’. Plaintiffs’ case is that the
suit property belongs to the Waqf Institute, which is also the property
included in Schedule-I thereof. The Waqf Institute allowed Applicant
No.1 to use the suit property on lease basis for a tenancy of 11 months
on payment at the rate of Rs.200/- per month. That the lease was not
renewed under the provisions of Section 56 of the Waqf Act. That
Applicant No.1 sublet the suit property to Applicant Nos. 2 to 5 without
the consent of the Waqf Institute. Plaintiffs therefore branded
Applicants/Defendants as the encroachers over the suit property. It was
Plaintiffs’ case that despite being requested, the members of the
Defendant No.6-Institute failed to take steps to recover possession of the
suit property. Therefore, on 1 December 2016, Respondent Nos.1 and 2
TUESDAY, 29 APRIL 2025
Neeta Sawant CRA-419-2024-FC
(ZUBAIDA KADAR MEMON VS. KHAN MUBEEN AHMED ALI)
called upon the Applicants to handover possession of the suit property.
Upon failure of the Applicants to do so, Respondent Nos.1 and 2
instituted Waqf Suit No.16/2017 before the Waqf Tribunal, inter-alia
seeking recovery of possession of the suit property from the Applicants.
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