Syed Mazaffaruzzaman @ ... vs Chief Executive Officer
2023 Latest Caselaw 5071 Cal

16.08.2023

Item No.05 CP C.O. 3238 of 2022

Syed Mazaffaruzzaman @ Muzaffaruzzaman Vs.

Chief Executive Officer, Board of Wakfs & ors.

Mr. Syed Nurul Arefin ... for the Petitioner.

The petitioner has filed Suit No. 19 of 2013

before the Wakf Tribunal, West Bengal challenging

the action of the Board of Wakf in registering four

plots of land as wakf property. According to the

petitioner, the wakf deed provided that only 1 anna 5

gondas share was dedicated to the wakf as per the

deed. The rest of the property could not be registered

as a wakf in violation of the doctrine of Musha until

and unless the entire share of 16 anas consisting

four plots were jointly dedicated as a wakf on consent

of the parties.

The learned tribunal dismissed the suit, inter

alia, holding that the concept of Musha would not be

applicable as the plaintiff had failed to prove that the

suit plots were owned by the waqifs and other co-

owners jointly. When the father of the plaintiff did

not have any right, title and interest in the suit plot,

the plaintiff could not inherit a share in the vacuum.

On the contrary, the plaintiff relied on the CS,

RS and LR record of rights, in which the name of the

predecessors of the plaintiff had been recorded.

Under such circumstances, the matter requires

to be heard on merits.

This court is of the prima facie view that if the

judgment and order dated June 6, 2022, passed by

the Wakf Tribunal, West Bengal is not stayed to the

extent of payment of cost upto December 31, 2023,

or until further order whichever is earlier, the

petitioner may suffer irreparable loss and injury.

Let a copy of the revisional application along

with the server copy of this order be served upon the

opposite parties as also the learned advocate who

appear on behalf of the opposite parties in the

proceeding in the tribunal.

Affidavit of service to be filed on the next date.

Let this matter appear in the monthly list of

November, 2023, under the heading 'Fixed Matters'.

(Shampa Sarkar, J.)