S.B. Civil Second Appeals Nos. 109-117/2022 (nine tagged appeals heard together, decided by common judgment) - Muslim Wakf Committee, Zila Sawai-Madhopur (defendant below) v. independent private plot-allottee respondents (plaintiffs below) and Wakf/Nagar Palika authorities - Rajasthan HC, Jaipur Bench (Sudesh Bansal J., 28.10.2025). The first appellate court (Additional District Judge, Sawai Madhopur, judgment dt. 09.03.2022) had reversed the trial court (Additional Civil Judge, judgment dt. 26.08.2015) and decreed the plaintiffs' suits for permanent and mandatory injunction over plots carved out of Khasra No.1508, Village Alanpur, allotted via Gram Panchayat Alanpur allotment letter dt. 24.07.1963 (registered 19.07.1965) pursuant to the District Collector's order dt. 20.03.1963 permitting abadi conversion on deposit of 20-times lagaan. Held: (i) the Wakf notification dt. 23.09.1965 nowhere covers the suit land, so Substantial Question No.I (one-year challenge window under the Wakf Act) does not arise and is rejected; mutation entry No.357 stood cancelled by the Collector (judgment dt. 17.12.1975, Exhibit 13), rendering the Wakf-register/revenue entries insignificant - Syed Zainul Abedeen (2020) 19 SCC 401 distinguished; (ii) the plaintiffs were title-holders in lawful possession at institution (registered Patta never challenged), so Substantial Question No.II (injunction without possession prayer) does not arise - Aman Singh [2008 1 DNJ 22] distinguished on facts; (iii) Substantial Question No.III does not arise, the 1963 Collector order having attained finality and no such plea having been pleaded. First appellate court is the last court of fact; involvement of a substantial question of law is a sine qua non under Section 100 CPC; no perversity or illegality shown (Shankareppa M. Mutanki, Birendra Kumar Dubey and Krishnan v. Backiam relied on). All appeals dismissed, no costs.
