S.K.AWASTHI,J. - (1.)The instant civil revision takes exception to the order dated 20.5.2011 passed in Case No. 54/2008 by M.P. State Waqf Tribunal, Bhopal, whereby the declaration sought by the applicant with respect to the eviction order passed by the Waqf Board regarding the property in question has been declined, which has exposed the present applicant to the possibility of ouster from the property in question.
(2.)Consciously stated, the facts relevant for the adjudication of the present case are that the present applicant claims to be in possession of the shop situated at Mirjapur Mosque which has registration number as "Waqf Property No. 308/120" in the capacity of a tenant since the year 1960 when the father of the present applicant was given possession at Rs. 150/- per month. According to the applicant, he is continuously making payment of the rent to the earlier President of the Managing Committee, Shri Najir Khan. However, the respondents attempted to take forcible possession of the property in question which was called in question by the present applicant by filing a suit seeking permanent injunction to protect his possession. This suit was filed before the Court of Civil Judge Class-2, Gwalior and was registered as Civil Suit No. 27A/2005.
(3.)It has been further stated that the possession of the present applicant was protected by the Court and the applicant specifically pleaded that the present applicant is residing in the capacity of a tenant which was found to be prima facie correct and, therefore, the Civil Court passed an order granting temporary injunction on 25.7.2006 to restrain the respondents from taking away the possession of the applicant.