ABDUL MATIN BARBHUIYA Vs. JANAB ALI AKBAR BARBHUIYA

JUDGEMENT

(1.) Heard Mrs. R. Choudhury, learned counsel for the petitioner. None has appeared on behalf of the respondents, on call, though their names have been reflected in the Cause list. As both the matters pertain to same subject -matter and facts, so both the cases are taken -up together for disposal by this common judgment.

(2.) This Criminal Revision Petition No. 564 of 2012 have been preferred by the petitioner under Section 83 (9) Proviso of the Wakf Act, 1995, read with Article 227 of the Constitution of India thereby challenging the Judgment and Order dated 29.09.2012 passed by the learned Presiding Officer, Wakf Tribunal, Silchar in T.S. (Wakf) No. 2/2006 thereby allowing the Title Suit of the Plaintiff and has prayed to set aside the impugned Judgment and Order.

(3.) The brief facts of the petitioner is that respondent No. 1 filed a suit in the capacity of Mutawalli of alleged Alhaj Moshar of Ali Barbhuiya Wakf Estate vide Title Suit No. 2/2006 before the learned Presiding Officer, Wakf Tribunal, Cachar at Silchar against the present petitioner as defendant No. 1 and other person, namely, Guruji (Ram Ratan Ramayat) praying for right, title, interest and confirmation of his possession and also for permanent injunction over the disputed land amounting to 22B, 13K, 14Ch. The petitioner, herein, contested the suit by filing a written statement along with defendant No. 2, Sri Ram Ratan Ramayat. On the death of Sri Ram Ratan Ramayat his disciple Sri Ramayan Das Ramayat wanted to contest the suit but he was not substituted by the plaintiff and the name of the defendant No. 2 was struck off. According to the pleadings in the Title Suit No. 2/2006, the Grandfather the Plaintiff (respondent, herein) Hazi Masraf Ali by executing a registered Wakf Deed No. 1945 dated 15.05.1939 dedicated his lands in different dags, Pattas totalling to 22B, 13K, 14Ch for public purposes and successors of the plaintiff was instructed to be the Mutawalli of the alleged Wakf Estate and since then the said land was under the possession of the said plaintiff but the defendant (petitioner, herein) by filing a false case before the Executive Magistrate and Settlement Officer clouded the right, title and interest of the plaintiff for which plaintiff as Mutawalli filed a Title Suit vide T.S. No. 2/2006 for declaration of right, title and interest and confirmation of possession over the alleged Wakf Estate.