- (1.) THE judgment of the Court was as follows:- This revision arose out of resolution dated 22.3.2005 and 21.3.2006 passed by the Board of Wakf, duly communicated by the Chief Executive Officer to the petitioner by his order dated 5.5.2006 as well as the judgment dated 31.7.2006 passed by Abdul Quader, Presiding Officer, Wakf Tribunal, West Bengal in Appeal No. 17 of 2006.
(2.) IN the background of this case, the fact in a nutshell is as follows : One Abdul Rashid was the original owner of more or less of 1 bigha 4 cottahs of land with a structure situated therein at the premises No. 32, Ekbalpur Lane, Kolkata -23. He executed a deed of settlement on 27.3.1931 and registered on 28.3.1931 in respect of 7 cottahs 8 chittacks of land and structure. He formed a committee for management of the said property after his death but he revoked the said deed after 66 days thereof by a deed of revocation dated 2.6.1931. Then Abdul Rashid gifted the said 1 bigha 4 cottahs of land with a structure situated at the said premises to his wife Halimon Bibi by a registered deed of Heba dated 7.1.1931. During enjoyment of the said premises, she died in the year 1939 leaving only son Abdul Latiff who was fathered by one late Osman Gani, (former husband of Halimon Bibi) as the sole heir and legal representative. Abdul Latiff became owner. While in possession, he sold the same in favour of one Kulada Kanta Roy and his brother Kali Charan Roy by a registered deed of Kobala dated 12.6.1951. One Sk. Md. Sahen Shah, father of opposite party No. 3 somehow collected a copy of the said deed of settlement dated 27.3.1931 and applied before the Commissioner of Wakfs, West Bengal to enrol 7 cottahs 8 chittacks of land and structure on 28.7.1965 as wakf properties after expiry of more than 34 years showing the deed of settlement dated 27.3.1931 as wakf deed. On 19.9.1966 the said Sk. Md. Sahen Shah allegedly claiming himself as mutwalli of Abdul Rashid Wakf Estate filed a Title Suit being T.S. No. 391 of 1966 in the 6th Court of the learned Munsif at Alipore for declaration of title and confirmation of possession and permanent injunction and that suit was dismissed for default on 24.4.1969. Sk. Md. Sahen Shah neither filed any application for restoration of the said suit nor preferred any revision or appeal against the said order of dismissal of the said suit.
(3.) ON 26.6.1969 one Abdul Khaleque of premises No. 9, Shah Aman Lane, P.S. Ekbalpur, District 24-Parganas applied before the Commissioner of Wakfs to enrol such 7 cottahs 8 chittacks of land with a structure in the said premises as wakf property on the basis of deed of settlement dated 2.3.1931 executed by said Abdul Rashid which was revoked on 2.6.1931. Thereafter the said Kulada Kanta Roy and others while in possession sold the property to the present petitioner Asma Khatoon by deed dated 26.6.1973. The petitioner got her name recorded in the Kolkata Municipal Corporation as sole owner. Then she sold the part of the property measuring 3 cottahs 10 chittacks and 30 square feet after erection of partition wall as separate unit unto and in favour of one Khairunnessa Bibi by deed dated 28.4.1977 and remaining land was under possession of the petitioner.;