Sabyasachi Bhattacharyya - (1.) The present challenge is directed against a judgment and order dated October 25, 2017 passed by the Waqf Tribunal, West Bengal, dismissing the suit filed by the petitioners for several declarations, recovery of possession and consequential reliefs. The petitioners claimed right of mutawalliship in respect of the suit property by virtue of a registered deed of waqf dated November 11, 1919, whereby one Babujan Mallick, since deceased, allegedly created a wakf by dedicating approximately 7 acres and 95 decimals of land comprised of various plots, partly for the benefit of the settlor's family and his lineal descendants and partly for the purposes recognized by Mohammedan Law as pious, religious and charitable. Thus, according to the petitioners, the said wakf is a private wakf (wakf-alal-aulad).
(2.) According to the petitioners, the father of the petitioners, namely Motleb Ali Molla, and their grand-father Kalo (Kalu) Molla attempted at various points of time to question the enrolment of the Wakf Estate of Babujan Mallick in the register of the Board of Wakfs, West Bengal under E.C. No. 10339, erroneously as 'Bahadur Molla Wakf Estate'.
(3.) In 1963, Kalo Molla had lodged a complaint in connection with such recording, but to no effect. After his demise, his son Motleb Ali Molla had been claiming right, title and interest as mutawalli to the said Wakf Estate, by virtue of the wakf deed of 1919, since 1988. During the lifetime of Motleb (since deceased) the private opposite parties lodged a complaint against him alleging encroachment of the wakf estate by Motleb. Pursuant to such complaint, a proceeding under Section 52, read with Section 54, of the Waqf Act, 1995 was drawn up by the Board of Waqf, which was registered as Miscellaneous Case No. 19 of 1981. A show-cause notice was served upon Motleb in connection with such proceeding by the Chief Executive Officer (CEO) of the Board under Office Memo No. 1049(1) dated July 13, 2005.;