IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1264 of 2009 ---- Bihar State Sunni Waqf Board, Patna through its Chief Executive Officer, namely Md. Abul Hasan S/o Haji Sk. Mohiuddin, CEO- Bihar Sunni Waqf Board, Haj Bhawan, Patna. --Petitioner. Versus 1. Shazia Alam wife of Dr. Rizwan Rahman Khan through her constituted attorney Mr. S.A.Alam, R/o 403 Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, Town and District-Patna. 2. Farida Alam (minor) daughter of S.A. Alam under the guardianship of S.A.Alam who is the natural guardian of his minor daughter and resident of 403, Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, District-Patna. --Plaintiffs-opposite parties 1st Set. 3. Fatima Khatoon wife of Late Abdul Sattar, Shop No.R.H.9, Meena Bazar, Patna Market, Muradpur, P.S.Pirbahore, District- Patna. -- Defendant-Oppposite Party 2nd Set. WITH C.R. No.1265 of 2009 ---- Bihar State Sunni Waqf Board, Patna through its Chief Executive Officer, namely Md. Abul Hasan S/o Haji Sk. Mohiuddin, CEO- Bihar Sunni Waqf Board, Haj Bhawan, Patna. --Petitioner. Versus 1. Shazia Alam wife of Dr. Rizwan Rahman Khan through her constituted attorney Mr. S.A.Alam, R/o 403 Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, Town and District-Patna. 2. Farida Alam (minor) daughter of S.A. Alam under the guardianship of S.A.Alam who is the natural guardian of his minor daughter and resident of 403, Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, District-Patna. --Plaintiffs-opposite parties 1st Set. 3. Md. Nesar son of not known, Shop No.R.H.12A, Meena Bazar, Patna Market, Muradpur, P.S.Pirbahore, District-Patna. -- Defendant-Oppposite Party 2nd Set. WITH C.R. No.1266 of 2009 ----- Bihar State Sunni Waqf Board, Patna through its Chief Executive Officer, namely Md. Abul Hasan S/o Haji Sk. Mohiuddin, CEO- - 2 - Bihar Sunni Waqf Board, Haj Bhawan, Patna. --Petitioner. Versus 1. Shazia Alam wife of Dr. Rizwan Rahman Khan through her constituted attorney Mr. S.A.Alam, R/o 403 Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, Town and District-Patna. 2. Farida Alam (minor) daughter of S.A. Alam under the guardianship of S.A.Alam who is the natural guardian of his minor daughter and resident of 403, Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, District-Patna. --Plaintiffs-opposite parties 1st Set. 3. Fatima Khatoon wife of Late Abdul Sattar, Shop No.R.H.5, Meena Bazar, Patna Market, Muradpur, P.S.Pirbahore, District- Patna. -- Defendant-Oppposite Party 2nd Set. WITH C.R. No.1267 of 2009 ----- Bihar State Sunni Waqf Board, Patna through its Chief Executive Officer, namely Md. Abul Hasan S/o Haji Sk. Mohiuddin, CEO- Bihar Sunni Waqf Board, Haj Bhawan, Patna. --Petitioner. Versus 1. Shazia Alam wife of Dr. Rizwan Rahman Khan through her constituted attorney Mr. S.A.Alam, R/o 403 Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, Town and District-Patna. 2. Farida Alam (minor) daughter of S.A. Alam under the guardianship of S.A.Alam who is the natural guardian of his minor daughter and resident of 403, Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, District-Patna. --Plaintiffs-opposite parties 1st Set. 3. Akhtari Begum wife of Late Shaukat Ali, Shop No.57, Meena Bazar, Patna Market, Muradpur, P.S.Pirbahore, District-Patna. -- Defendant-Oppposite Party 2nd Set. WITH C.R. No.1268 of 2009 ----- Bihar State Sunni Waqf Board, Patna through its Chief Executive Officer, namely Md. Abul Hasan S/o Haji Sk. Mohiuddin, CEO- Bihar Sunni Waqf Board, Haj Bhawan, Patna. --Petitioner. Versus 1. Shazia Alam wife of Dr. Rizwan Rahman Khan through her constituted attorney Mr. S.A.Alam, R/o 403 Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, Town and District-Patna. - 3 - 2. Farida Alam (minor) daughter of S.A. Alam under the guardianship of S.A.Alam who is the natural guardian of his minor daughter and resident of 403, Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, District-Patna. --Plaintiffs-opposite parties 1st Set. 3. Rama Kant Rai, Shop No---, Meena Bazar, Patna Market, Muradpur, P.S.Pirbahore, District-Patna. -- Defendant-Oppposite Party 2nd Set. WITH C.R. No.1269 of 2009 ---- Bihar State Sunni Waqf Board, Patna through its Chief Executive Officer, namely Md. Abul Hasan S/o Haji Sk. Mohiuddin, CEO- Bihar Sunni Waqf Board, Haj Bhawan, Patna. --Petitioner. Versus 1. Shazia Alam wife of Dr. Rizwan Rahman Khan through her constituted attorney Mr. S.A.Alam, R/o 403 Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, Town and District-Patna. 2. Farida Alam (minor) daughter of S.A. Alam under the guardianship of S.A.Alam who is the natural guardian of his minor daughter and resident of 403, Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, District-Patna. --Plaintiffs-opposite parties 1st Set. 3. Shagufta Yasmin, Shop No.R.H.8., Meena Bazar, Patna Market, Muradpur, P.S.Pirbahore, District-Patna. -- Defendant-Oppposite Party 2nd Set. WITH C.R. No.1270 of 2009 ---- Bihar State Sunni Waqf Board, Patna through its Chief Executive Officer, namely Md. Abul Hasan S/o Haji Sk. Mohiuddin, CEO- Bihar Sunni Waqf Board, Haj Bhawan, Patna. --Petitioner. Versus 1. Shazia Alam wife of Dr. Rizwan Rahman Khan through her constituted attorney Mr. S.A.Alam, R/o 403 Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, Town and District-Patna. 2. Farida Alam (minor) daughter of S.A. Alam under the guardianship of S.A.Alam who is the natural guardian of his minor daughter and resident of 403, Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, District-Patna. --Plaintiffs-opposite parties 1st Set. 3. Asif Yusuf S/o Late Suleman Yusuf, Shop No.R.H.10, Meena Bazar, Patna Market, Muradpur, P.S.Pirbahore, District-Patna. -- Defendant-Oppposite Party 2nd Set. - 4 - WITH C.R. No.1271 of 2009 ----- Bihar State Sunni Waqf Board, Patna through its Chief Executive Officer, namely Md. Abul Hasan S/o Haji Sk. Mohiuddin, CEO- Bihar Sunni Waqf Board, Haj Bhawan, Patna. --Petitioner. Versus 1. Shazia Khan wife of Dr. Rizwan Rahman Khan through her constituted attorney Mr. S.A.Alam, R/o 403 Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, Town and District-Patna. 2. Farida Alam (minor) daughter of S.A. Alam under the guardianship of S.A.Alam who is the natural guardian of his minor daughter and resident of 403, Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, District-Patna. --Plaintiffs-opposite parties 1st Set. 3. Kamal Ashraf, Shop No.----. Meena Bazar, Patna Market, Muradpur, P.S.Pirbahore, District-Patna. -- Defendant-Oppposite Party 2nd Set. WITH C.R. No.1272 of 2009 ----- Bihar State Sunni Waqf Board, Patna through its Chief Executive Officer, namely Md. Abul Hasan S/o Haji Sk. Mohiuddin, CEO- Bihar Sunni Waqf Board, Haj Bhawan, Patna. --Petitioner. Versus 1. Shazia Alam wife of Dr. Rizwan Rahman Khan through her constituted attorney Mr. S.A.Alam, R/o 403 Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, Town and District-Patna. 2. Farida Alam (minor) daughter of S.A. Alam under the guardianship of S.A.Alam who is the natural guardian of his minor daughter and resident of 403, Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, District-Patna. --Plaintiffs-opposite parties 1st Set. 3. Abdul Wahid son of Late Altaf Hussain, Shop No.R.H.3, Meena Bazar, Patna Market, Muradpur, P.S.Pirbahore, District-Patna. -- Defendant-Oppposite Party 2nd Set. WITH C.R. No.1273 of 2009 ---- Bihar State Sunni Waqf Board, Patna through its Chief Executive Officer, namely Md. Abul Hasan S/o Haji Sk. Mohiuddin, CEO- Bihar Sunni Waqf Board, Haj Bhawan, Patna. - 5 - --Petitioner. Versus 1. Shazia Alam wife of Dr. Rizwan Rahman Khan through her constituted attorney Mr. S.A.Alam, R/o 403 Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, Town and District-Patna. 2. Farida Alam (minor) daughter of S.A. Alam under the guardianship of S.A.Alam who is the natural guardian of his minor daughter and resident of 403, Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, District-Patna. --Plaintiffs-opposite parties 1st Set. 3. Atique Haque, Shop No.39, Meena Bazar, Patna Market, Muradpur, P.S.Pirbahore, District-Patna. -- Defendant-Oppposite Party 2nd Set. WITH C.R. No.1274 of 2009 ---- Bihar State Sunni Waqf Board, Patna through its Chief Executive Officer, namely Md. Abul Hasan S/o Haji Sk. Mohiuddin, CEO- Bihar Sunni Waqf Board, Haj Bhawan, Patna. --Petitioner. Versus 1. Shazia Alam wife of Dr. Rizwan Rahman Khan through her constituted attorney Mr. S.A.Alam, R/o 403 Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, Town and District-Patna. 2. Farida Alam (minor) daughter of S.A. Alam under the guardianship of S.A.Alam who is the natural guardian of his minor daughter and resident of 403, Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, District-Patna. --Plaintiffs-opposite parties 1st Set. 3. Sanjida Hussain D/o I. Hussain, Shop No.R.H.6, Meena Bazar, Patna Market, Muradpur, P.S.Pirbahore, District-Patna. -- Defendant-Oppposite Party 2nd Set. WITH C.R. No.1275 of 2009 ---- Bihar State Sunni Waqf Board, Patna through its Chief Executive Officer, namely Md. Abul Hasan S/o Haji Sk. Mohiuddin, CEO- Bihar Sunni Waqf Board, Haj Bhawan, Patna. --Petitioner. Versus 1. Shazia Alam wife of Dr. Rizwan Rahman Khan through her constituted attorney Mr. S.A.Alam, R/o 403 Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, Town and District-Patna. 2. Farida Alam (minor) daughter of S.A. Alam under the guardianship of S.A.Alam who is the natural guardian of his - 6 - minor daughter and resident of 403, Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, District-Patna. --Plaintiffs-opposite parties 1st Set. 3. Tashimul Abedin, Shop No.40A, Meena Bazar, Patna Market, Muradpur, P.S.Pirbahore, District-Patna. -- Defendant-Oppposite Party 2nd Set. WITH C.R. No.1386 of 2009 ---- Bihar State Sunni Waqf Board, Patna through its Chief Executive Officer, namely Md. Abul Hasan S/o Haji Sk. Mohiuddin, CEO- Bihar Sunni Waqf Board, Haj Bhawan, Patna. --Petitioner. Versus 1. Shazia Alam wife of Dr. Rizwan Rahman Khan through her constituted attorney Mr. S.A.Alam, R/o 403 Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, Town and District-Patna. 2. Farida Alam (minor) daughter of S.A. Alam under the guardianship of S.A.Alam who is the natural guardian of his minor daughter and resident of 403, Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, District-Patna. --Plaintiffs-opposite parties 1st Set. 3. Ashfaque son of not known, Shop No.42, Meena Bazar, Patna Market, Muradpur, P.S.Pirbahore, District-Patna. -- Defendant-Oppposite Party 2nd Set. WITH C.R. No.1387 of 2009 Bihar State Sunni Waqf Board, Patna through its Chief Executive Officer, namely Md. Abul Hasan S/o Haji Sk. Mohiuddin, CEO- Bihar Sunni Waqf Board, Haj Bhawan, Patna. --Petitioner. Versus 1. Shazia Alam wife of Dr. Rizwan Rahman Khan through her constituted attorney Mr. S.A.Alam, R/o 403 Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, Town and District-Patna. 2. Farida Alam (minor) daughter of S.A. Alam under the guardianship of S.A.Alam who is the natural guardian of his minor daughter and resident of 403, Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, District-Patna. --Plaintiffs-opposite parties 1st Set. 3. Arifuzzaman son of not known, Shop No.R.H.1, Meena Bazar, Patna Market, Muradpur, P.S.Pirbahore, District-Patna. -- Defendant-Oppposite Party 2nd Set. WITH - 7 - C.R. No.1388 of 2009 ---- Bihar State Sunni Waqf Board, Patna through its Chief Executive Officer, namely Md. Abul Hasan S/o Haji Sk. Mohiuddin, CEO- Bihar Sunni Waqf Board, Haj Bhawan, Patna. --Petitioner. Versus 1. Shazia Alam wife of Dr. Rizwan Rahman Khan through her constituted attorney Mr. S.A.Alam, R/o 403 Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, Town and District-Patna. 2. Farida Alam (minor) daughter of S.A. Alam under the guardianship of S.A.Alam who is the natural guardian of his minor daughter and resident of 403, Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, District-Patna. --Plaintiffs-opposite parties 1st Set. 3. Md. Imanuddin, Meena Bazar, Patna Market, Muradpur, P.S.Pirbahore, District-Patna. 4. Md. Zafar son of Late Late Abdul Qayum Shop No.RH-2, Meena Bazar, Patna Market, Muradpur, P.S. Pirbahore, Town and District Patna. -- Defendants-Oppposite Parties 2nd Set. WITH C.R. No.1389 of 2009 ---- Bihar State Sunni Waqf Board, Patna through its Chief Executive Officer, namely Md. Abul Hasan S/o Haji Sk. Mohiuddin, CEO- Bihar Sunni Waqf Board, Haj Bhawan, Patna. --Petitioner. Versus 1. Shazia Alam wife of Dr. Rizwan Rahman Khan through her constituted attorney Mr. S.A.Alam, R/o 403 Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, Town and District-Patna. 2. Farida Alam (minor) daughter of S.A. Alam under the guardianship of S.A.Alam who is the natural guardian of his minor daughter and resident of 403, Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, District-Patna. --Plaintiffs-opposite parties 1st Set. 3. Md. Ekram Sharfuddin son of not known, Shop NoRH-4, Meena Bazar, Patna Market, Muradpur, P.S.Pirbahore, District-Patna. -- Defendant-Oppposite Party 2nd Set. WITH C.R. No.1390 of 2009 ---- Bihar State Sunni Waqf Board, Patna through its Chief Executive Officer, namely Md. Abul Hasan S/o Haji Sk. Mohiuddin, CEO- Bihar Sunni Waqf Board, Haj Bhawan, Patna. - 8 - --Petitioner. Versus 1. Shazia Alam wife of Dr. Rizwan Rahman Khan through her constituted attorney Mr. S.A.Alam, R/o 403 Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, Town and District-Patna. 2. Farida Alam (minor) daughter of S.A. Alam under the guardianship of S.A.Alam who is the natural guardian of his minor daughter and resident of 403, Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, District-Patna. --Plaintiffs-opposite parties 1st Set. 3. Md. Raza, Shop NoRH-7, Meena Bazar, Patna Market, Muradpur, P.S.Pirbahore, District-Patna. -- Defendant-Oppposite Party 2nd Set. WITH C.R. No.1391 of 2009 ---- Bihar State Sunni Waqf Board, Patna through its Chief Executive Officer, namely Md. Abul Hasan S/o Late Haji Sk. Mohiuddin, R/o Ishrat Menzil Bagh, P.S. Khajekala, District-Patna. --Petitioner. Versus 1. Shazia Alam wife of Dr. Rizwan Rahman Khan through her constituted attorney Mr. S.A.Alam, R/o 403 Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, Town and District-Patna. 2. Farida Alam (minor) daughter of S.A. Alam under the guardianship of S.A.Alam who is the natural guardian of his minor daughter and resident of 403, Park View Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, District-Patna. --Plaintiffs-opposite parties 1st Set. 3. Md.Akbar son of Late Abdul Gaffar, Shop NoRH-8, Meena Bazar, Patna Market, Muradpur, P.S.Pirbahore, District-Patna. -- Defendant-Oppposite Party 2nd Set. -------- For the petitioner : Mr. S.Arshad Alam with Mr. Md.Arif & (in all the civil revisions) Mr.Guatam Kumar Yadav, Advocates. For opposite parties 1st Set . : Mr. Ansar Alam with (in all the civil revisions) Mr.Shabbir Ahmad, Advocates. For opposite party 2nd Set : Mr.Mahmood Alam with (in all the civil revisions) Mr. Kaushal Kishore, Advocates. ----- - 9 - O R D E R 4/ 14-10-2009 All the aforesaid 18 civil revisions have been heard together and are being decided by this common order as same points are involved in all the aforesaid cases, which have been filed by the Bihar State Sunni Waqf Board, Patna through its Chief Executive Officer (hereinafter referred to as „the Board‟ for the sake of brevity), who is the petitioner in all the civil revisions, against Shazia Khan and Farida Alam, who are opposite parties no.1 and 2 in all the aforesaid cases, challenging various orders passed by the learned Munsif-I, Patna, rejecting intervention application filed by the Board for being added as party to the various eviction suits out of which these civil revisions have arisen. 2. The aforesaid civil revisions respectively arise from Eviction Suit Nos. 10 of 2007, 09 of 2007, 07 of 2007,12 of 2007, 13 of 2006, 20 of 2007, 08 of 2006, 10 of 2006, 22 of 2007, 09 of 2006, 18 of 2007, 12 of 2006, 08 of 2007, 11 of 2006, 11 of 2007, 21 of 2007, 23 of 2007 and 19 of 2007, all of which were filed by Shazia Khan and Farida Alam, who are plaintiffs-opposite parties 1st Set, for eviction of the various tenants, who are defendant-opposite party 2nd Set and are different in all the suits and revisions, from the respective shop katras/ rooms held by them as tenants on the ground of default in payment of rent by the respective tenants and also for recovery of arrears of rent etc. 3. During the pendency of the aforesaid eviction suits, the Board, which was not party to the suits, filed intervention applications under Order I Rule 10 read with Section 151 of the Code of Civil Procedure - 10 - (hereinafter referred to as „the Code‟ for the sake of brevity) in January, 2009 for being added as party in all the aforesaid suits. The said applications were contested by the plaintiffs-opposite parties 1st Set and finally the learned Munsif, Patna after considering the facts and circumstances of the case as well as the materials on record rejected the said applications of the intervenor- Board vide his different orders, which are respectively dated 20.02.2009, 19.02.2009, 19.02.2009, 21.02.2009, 21.02.2009, 24.02.2009, 26.02.2009, 18.02.2009, 25.02.2009, 25.02.2009, 19.02.2009, 25.02.2009, 21.02.2009, 26.02.2009, 24.02.2009, 20.02.2009, 24.02.2009 and 13.03.2009. 4. The said orders of the learned court below have been challenged by the Board in these civil revision, in all of whom the only point to be decided is that as to whether the Board is a necessary party to the said eviction suit and whether the said suits can proceed without impleading the Board. The plaintiffs-opposite parties 1st Set have appeared through their learned counsel and have filed their counter affidavits in the said civil revisions. Defendant-opposite parties 2nd Set of all the civil revisions have also appeared through their learned lawyers and participated in the arguments. From their arguments it is quite apparent that admittedly the shop katras/rooms involved in the aforesaid suits are portions of Mina Bazar, Muradpur, Patna, which originally belonged to Syed Haider Imam and defendants-opposite party 2nd Set were his tenants, whereas plaintiffs- opposite parties 1st Set are the descendants of the said Late Syed Haider Imam. 5. However, the claim of the petitioner-Board is that before his - 11 - death Syed Haider Imam gifted the suit properties to his wife Shahar Bano Begum by unregistered deed of Hiba-bil-ewaz, whereafter the said Shahar Bano Begum became the absolute owner of the suit property and started receiving rent from the tenants and subsequently on 13.09.1974 she filed an application before the Board stating that she had created an oral waqf on 01.09.1974 along with a plain Tauliatnama dated 13.09.1974 and accordingly on 28.10.1974 the Board recorded the said property as Waqf Estate no.1553 in the register of Board under Section 26 of the Waqf Act, 1956. It is also claimed by the Board that on 14.07.1979 the said Shahar Bano Begum filed an application before the Board for release of the said property from the Waqf by deregistration in view of a decision of the Full Bench of this Court with regard to same property in case of The Commissioner of Income Tax, Bihar, Patna Vs. Syed Saddique Imam and others, reported in 1978 P.L.J.R.297, but subsequently on 06.05.1981 the said Shahar Bano Begum filed a fresh application for withdrawal of her application dated 14.07.1979 and accordingly the Board in its meeting dated 20.04.1985 ordered that the waqf estate was not de-registered, but due to typographical mistake the word „not‟ could not be typed in the aforesaid order dated 20.04.1985 and hence vide order dated 27.07.1987 the Board corrected the said mistake in its order dated 20.04.1985. It is also stated that said orders have never been challenged by anybody till date and the suit property remained as waqf property even after the death of Shahar Bano Begum in the year 1993-94. 6. Mr. S. Arshad Alam, learned senior counsel of the petitioner- Board in his erudite and scholarly argument analyzed the points involved - 12 - elaborately and exhaustively and submitted that since the suit properties are waqf properties, the Board is a necessary party in view of the specific provisions of law, namely Section 92 of the Waqf Act, 1995 and Section 59 of the Waqf Act, 1954. He further submits that if the plaintiffs-opposite parties 1st Set have any dispute regarding waqf, the proper course for them was to get the said dispute settled by the Waqf Tribunal under Sections 6 and 7 of the Waqf Act, 1995 and only thereafter when the Tribunal decides in their favour they can become entitled to file such eviction suits. In this regard he has also relied upon a decision of this court in case of Azimuddin Vs. Arshad Kamal & Ors, reported in 1997(1) P.L.J.R.689 as well as a decision of the Karnataka High Court in case of Anjuman-E-Islamia, Kollegal Vs. Sakeenabi and others, reported in A.I.R. 1986 Karnataka 75, with respect to meaning of interested person. 7. Learned counsel for the petitioner-Board also laid stress upon Section 2(f) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as „the Act‟ for the sake of brevity) as well as a decision of this court in case of Shyam Sunder Kishan Lal & Others Vs. Sajjan Kumar Singhania & Ors, reported in 1996(1) P.L.J.R.344, with respect to the meaning of „landlord‟ under the Act. So far the meaning of „Waqf‟ and the legality of registration and de-registration is concerned, learned counsel for the petitioner-Board has relied upon two decisions of this court in case of Subrat Shankar Bhaduri & others Vs. The Bihar State Sunni Waqf Board and others, reported in1976 P.L.J.R 526, and in case of Bibi Sayeedunnisa and another Vs. The Collector of Sitamarhi and another, reported in 1991(2) P.L.J.R.501. He has also averred that the law is well - 13 - settled that the Waqf Board alone can institute or defend any suit regarding a waqf property as has been held by this court in case of Bihar State Sunni Wakf Board through its Secretary, Patna Vs. Sheikh Mohamad Golam Bari and another, reported in 2005(4) P.L.J.R.36. 8. Learned counsel for the petitioner-Board has claimed that the basis of the plaintiffs‟ claim are only a decision of a Full Bench of this court in case of The Commissioner of Income Tax, Bihar, Patna (Supra) as well as the compromise decree dated 29.08.1998 passed by the learned Subordinate Judge, Patna in Partition Suit No.299 of 1981. He has also submitted that the said Full Bench decision has no connection with the instant matter as it concerns assessment of income tax for the year 1965-66 referred by Income Tax Tribunal under Section 256(1) of the Income Tax Act, 1961 for deciding as to whether in the facts and circumstances of the case the income from the house property calls for its inclusion in the total income of the assessee. It is also claimed that the said decision did not show anything about the waqf as it was out of context and neither the Waqf estate or the Waqf Board were parties, nor were they noticed and hence the said decision was not at all relevant for deciding the issues involved in the instant case. So far the compromise decree of partition suit is concerned, it is claimed by the learned counsel for the petitioner-Board that the said compromise was between the heirs of Shahar Bano Begum whereas the Board was not a party to the said compromise and hence the said compromise decree was not binding on the Board and it cannot legally take away the right and title of the Board over the suit properties. In the said circumstances, learned counsel for the petitioner-Board has submitted that - 14 - the Board was a necessary party being the main interested person and was specifically required under the law to be impleaded as party to such suits, hence, the learned court below committed serious error of jurisdiction in rejecting the intervention applications of the Board and refusing to implead it as party to the aforesaid eviction suits. 9. Mr. Mahmood Alam, learned counsel for the defendant- opposite party 2nd Set in all the civil revisions appeared and supported the arguments of learned counsel for the petitioner-Board claiming that rent receipts were issued to them or to their predecessor by Shahar Bano Begum on behalf of the waqf estate which is apparent from the seal on the receipts of the years 1974, 1975 and 1976. Apart from the said receipts, he produced a receipt of 1987 issued to the tenants by someone whose name was not legible and was without any seal. Apart from the aforesaid four rent receipts, no receipt of any period was produced by learned counsel for opposite party 2nd Set to show payment of any rent to