1 CRA No. 11 of 2005 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO.11 OF 2005 Maharashtra State Board of Wakfs, Through its Chief Executive Officer Petitioner V E R S U S Syed Isaq S/o Syed Mohd. & ors. Respondents Mr. S.M. Godsay, Advocate for the petitioner Mr. A.S. Deshpande, Advocate for respondent Nos. 1 to 4 Mr. J.H. Deshmukh, Advocate for respondent Nos. 5 to 11 Mr. R.N. Dhorde, Advocate for respondent No. 12 CORAM : A.V. NIRGUDE, J. DATED : 20th January, 2011 PER COURT 1] This Civil Revision Application is moved against the Judgment and Order passed by the learned Presiding Officer, Wakf Tribunal, Aurangabad in Suit No. 26 of 2003. The applicant were the plaintiff. They sued the respondents for declaration that the land survey No. 19, admeasuring 33 Acres, of Village Indewadi, Tq. & Dist. Jalna (the suit land) was a Wakf property and to prevent them from alienating the property treating it as their personal property. The respondents opposed the suit and contended that the suit land was “personal Inam” land granted to their ancestor, one Syed Jainoddin. They stated further that the personal Inam was abolished and the land was freed from Inam encumbrance. In view of this defence, the applicant / plaintiff were under 2 CRA No. 11 of 2005 obligation to prove that the suit land was Wakf property. In order to prove this, they placed reliance on certain entry made in Government Gazette of Wakfs. It is common ground that the Government of Maharashtra prior to 1973 made survey for identifying lands belonging various Wakf. According to the entry No. 25, in this Gazette, the suit land was of property of one Wakf by name Masjid Ambad Bas. The Gazette further mentioned that the Wakf was created vide Muntakhab No. (M.No.) 14767 of 1299 Hizri. However, Muntakhab No. 14767 was not found connected to the alleged creation of the Wakf. A Copy of this Muntakhab was produced on record, and the learned Presiding Officer, rejected this piece of evidence as not related to the suit property and the Wakf. One more document came on record, which is Namuna No. 9 of Inami Patrak of Village Indewadi for the year 1965-66. The contents of this document show that the Talathi of the area took various entries in respect of the suit land. He mentioned that the suit land belonged to one Syed Mohammad Syed Jainoddin and that he occupied the land as Mashratul Kidmat (service Inam land for Masjid). On the basis of this entry, the applicant / plaintiff contended that the land was given to Syed Mohammad Syed Jainoddin as service Inam for providing service to the Masjid named above. However, the learned Presiding Officer, rejected even this piece of evidence. He found that there is no document to show that this land was given to Syed Mohammad Syed Jainoddin as service Inam. In other words, the applicant/plaintiff failed to prove that the land belongs to the Wakf. Having regard to the documents produced on record and the reasons in the Judgment, I find no error committed by the learned Presiding Officer in dismissing the suit. As said above, the learned Presiding Officer decided the case mainly on the basis of the 3 CRA No. 11 of 2005 documents. There is no other question of law involved in this case. The revision should therefore fail. Civil Revision Application stands dismissed. ( A.V. NIRGUDE, J. ) SDM*11.05CRA/200111 ok