Court : Mumbai Aurangabad
..... in view of the powers given to the authority under the inam abolition act, which are subject to the limitations mentioned in section 1(2)(i), prima facie the decision of the authority created under the inam abolition act cannot come in the way of the wakf tribunal to decide the character of the suit property. ..... it appears that only due to order made by the authority under the inam abolition act, the tribunal has held that it is not possible for the plaintiff to make out prima facie case in this ..... board, hyderabad) it is laid down that wakf tribunal can decide the nature, character of wakf property and the authority under inam abolition act cannot adjudicate upon character of wakf property. ..... 6) it appears that many proceedings were going on in respect of the suit property, between inamdars, muntakhab holder and wakf board under land revenue code and also hyderabad abolition of inams and cash grants act, 1954 (hereinafter referred to as inam abolition act?). ..... in the present case, there is question of determination of rights of inamdar, mutawalli and as the defendant is claiming through such person, this proposition cannot be used for the defendant. ..... 20) wakf act 1954 was applicable to marathwada region of maharashtra including osmanabad where the property is situated ..... certified copy came to be produced before this court and it shows that even for the year 1977-78 the suit land was shown as ..... moinuddin) of bombay high court (aurangabad bench) similar observations are made by this .....
Tag this Judgment!Court : Mumbai Aurangabad
..... this court held that for the purpose of inam abolition act it is necessary to ascertain as to who was lawfully in possession on the material date viz. ..... learned counsel for petitioner made another submission that if defendant is an encroacher then the procedure under section 54 of wakf act ought to have been followed and as that kind of procedure has not been followed, the tribunal does not get jurisdiction to decide the suit. ..... 321 [shriram mandir sansthan @ shri ram sansthan pusda v/s vatsalabai and others] some provisions of bombay tenancy act were considered by supreme court and it was held that when the property belongs to religious trust, like present one, the tenancy right is not inheritable. ..... though, some witnesses are examined and some record is produced to show that the persons of the village used to spend money to sacrifice an animal at the time of urs function, this record cannot be considered as record of accounts maintained by the defendant as manager. ..... it was a matter pending before sub division officer, the revenue authority to consider the aforesaid point. ..... no.127 of 2014 [ishtaque ali sayyad ali v/s maharashtra state wakf board and another] decided on 17th february, 2015. ..... a case reported as 1997 (4) all mr 303 [basharatulla son of syed asraf mohiuddin v/s the state of maharashtra and ors. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... further, in view of section 3 of bombay personal inam abolition act, inam in respect of waqf property could not have been ..... plaintiff further contended that the suit land was jat inam land, personal inam and so, the inam was abolished under inam abolition act, 1952. ..... tribunal has held that it was personal inam and so, it was abolished under inam abolition act ..... was given in the year 1952 and so, not much weight can be given to the entries made in inam register or the order of abolition of inam passed under inam abolition act. 17. ..... (v) the property belongs to religious institution, dargah and so, the provisions of inam abolition act and also the tenancy act could not have been applied to the suit property and so, there are no rights in a suit property for ..... personal inam in the year 1952. ..... 4, they could have got more rights and higher rights by proving that it was their personal inam, but they preferred to contend that they were mirasdars. ..... the tribunal has held that in the year 1952-53 probably no procedure was followed for registration of the suit property as a trust property and the registration was done behind the back of ..... till the year 1951-52 name of aforesaid trust was not shown in the revenue record, however, from the year 1952-53, the name of dargah was shown in other rights column as devasthan, public ..... , which was pending before the waqf tribunal, aurangabad. ..... the plaintiff had filed written arguments before the chief officer, but she did not produce the record to substantiate her .....
Tag this Judgment!Court : Mumbai Aurangabad
..... proviso to section 32 (1) of the bt&al; act reads thus : "provided that if an application made by the landlord under section 29 for obtaining possession of the land has been rejected by the mamlatdar or by the collector in appeal or in revision by the maharashtra revenue tribunal under the provisions of this act, the tenant shall be deemed to have purchased the land on the date on which the final order of rejection is passed ..... 232, a single bench of this court held that when the landlord had failed to secure favourable relief in proceedings under section 29 (2) of the bt&al; act, for resumption of land for personal cultivation, the tenant in possession of the land is deemed to have purchased the land on such date of rejection of application filed by the ..... 233, a division bench of this court held that abolition of the inam could not have extinguished relationship of landlord and tenant. ..... is true, no doubt, that challenge to the surrender of land in favour of the landlord on the ground that the surrender was not voluntary and not bonafide as per the procedure could not have been entertained after period of 18 years as held in "mohan pandurang kashid & others" (supra). ..... the petitioners filed an application under section 43a read with section 29 of the bombay tenancy and agricultural lands act, 1948 (for short, "the bt&al; act") seeking restoration of the land in ..... it was raised in the appeal memo or before the revisional tribunal. ..... /1959 before the maharashtra revenue tribunal (m.r.t.). .....
Tag this Judgment!Court : Mumbai Aurangabad
..... for the revision applicant, since the proceedings are pending under section 5 of the hyderabad atiyat inquiries act, 1952 before the competent authority, the wakf tribunal should not have entertained the suit since the wakf tribunal has no jurisdiction, is devoid of any merits. ..... 1956 calcutta 584] and submitted that, where a mutawali executes a deed purporting to transfer mutawaliship for which no power or provision is to be found in the relevant wakafnamas and that again to a person who would not certainly be in the immediate lines of succession or devolution, as laid down in the said document, such a transfer cannot be upheld under the mohammedan law and, the transfer being ..... the case of syedmohideen and another (supra), the supreme court in paragraph-6 held that, in terms of section 83(5) of the act, 1995 the wakf tribunal is deemed to be civil court and has same powers as are exercised by the civil courts under the code of civil procedure, 1908 while trying a suit or executing a decree or order. ..... as other lands situated at district beed, which were notified as service inam land and wakf properties belonging to hazrat mansoor shah wali dargah for the services of said institution in maharashtra gazette. ..... the plaintiff further pressed into service reported judgment of the bombay high court in the case of mohd. ..... the plaintiff that, succession in his favour was granted by the deputy collector (atiyat) and accordingly, mutation entries were taken in his name in the revenue record. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... it is submitted that, the tahsildar and also the maharashtra revenue tribunal has not appreciated the fact that, an application under section 33b read with section 29 of the said act was filed by the respondent landlady and in the said proceedings 1 acre 21 guntha land from the suit land was restored to the respondent and therefore, there was no question of, again entertaining the ..... any land which, by or under the provisions of any of the land tenures abolition acts referred to in schedule iii to this act, is regranted to the holder thereof on condition that it was not transferable, such condition shall not be deemed to affect the right of any person holding such land on lease created before the regrant and such person shall as a tenant be deemed to have purchased the land under this section, as if the condition that it was not transferable was not the condition of regrant ..... is filed challenging the judgment and order of the maharashtra revenue tribunal, bombay dated 12th february, 1992 in revision application no. ..... , there is no any documents available to suggest that, the concerned authority has followed the procedure as prescribed under section 32g of the said act and recorded the findings that, the petitioner i.e. ..... the petitioner was cultivating the suit land as tenant from the year 1952-53 and he became deemed purchaser of the suit land on the ..... the petitioner was cultivating the suit land as tenant from the year 1952-53 and he became deemed purchaser of the suit land on the .....
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