Judgment S.B.Sinha, J. 1. This revision application is directed against the judgment dated 31-1-1983 passed by Shri Abinasi Saran Lal, 1st. Additional District Judge, Sitamarhi in M.A. No. 24/16 of 1979/83 whereby and where-under the learned power appellate court dismissed the appeal preferred by the petitioners in terms of Section 36(B)(4) of the Waqfs Act, 1954. 2. The facts of this case lie in a very narrow compass. Suffice it to say that a requisition was filed in terms of Sec. 36(B) of the Waqfs Act, 1954 for recovery of property in question to the Collector. In the said proceeding the properties in dispute were held to be of Waqf properties and it was further found that as the petitioners purported to have purchased the said property from the Motwalli without prior permission of the Waqf Board, the deed of sale executed in favour of the petitioners was void ab initio and as such the same should be recovered in terms of the provisions of the aforementioned Act. 3. The petitioners filed the aforementioned appeal before the learned District Judge, Sitamarhi against the order passed by the Collector. 4. It appears from the judgment of the learned District Judge that the copy of the register which was marked Ext. A/2 did not contain the properties in question. Mr. S.S. Asghar Hussain, learned Counsel appearing on behalf of the petitioner submitted that in terms of provisions of the Bihar Waqfs Act, 1947 and the rules framed thereunder, not only the Waqf but also properties belonging to the said Waqf were required to be registered. 5. The learned Counsel further submitted that in this view of the matter, the provisions of Sec. 36(B) of the Waqfs Act, 1954 could not have been taken recourse to. 6. Mr. 5. The learned Counsel further submitted that in this view of the matter, the provisions of Sec. 36(B) of the Waqfs Act, 1954 could not have been taken recourse to. 6. Mr. Wasi Akhtar, learned Counsel appearing on behalf of the Board submitted that in the instant case, the question as to whether the properties in dispute belong to the Waqf or not does not arise in view of the fact that the said Waqf was registered in terms of Sec. 33 of the Bihar Waqfs Act, 1947 , The learned Counsel stated that as the petitioner herself filed an application-praying therein for permission of the Waqf Board to purchase the property in question and also approached the Minister for negotiations for grant of a post facto permission, the petitioner is estopped and precluded from challenging that the properties are not Waqf properties. The learned Counsel further submitted that the petitioner had purchased the properties from the Motawatti because those properties were of the Waqf properties. 7. Bihar Waqfs Act, 1947 came into force in 1947 and was enacted to provide for better administration of Waqfs. In terms of Sec. 33 of the said Act, the Majlis was required to prepare and maintain a register of Waqf in a form as it thinks fit. It is not in dispute that registers of Waqf were to-be maintained in three different forms which included the description of the properties which were the subject-matter of the Waqf. 8. In the year 1954, the Parliament enacted the Waqfs Act, 1954. However, the said Act was introduced in Bihar in April, 1973. 9. Chapter IV of the Waafs Act. 1V54 deals with the registration of Waqfs. 10. Sec. 25 of the Waqfs Act, 1954 reads of follows: Registration,-- (1) Every Waqf Whether created before or after the commencement of this Act shall be registered at the office of the Wakfs Commissioner. (2) Application for registration shall be made by the mutawalli: Provided that such applications may be made by the waqf or his descendants or a beneficiary of the waqf or any Muslim belonging to the sect to which the waaf belongs. (2) Application for registration shall be made by the mutawalli: Provided that such applications may be made by the waqf or his descendants or a beneficiary of the waqf or any Muslim belonging to the sect to which the waaf belongs. (3) An application for registration shall be made in such form and manner and at such place as the Wakfs Commissioner may prescribe and shall contain the following particulars, so far as possible (a) a description of the wakf properties sufficient for the identification thereof: (b) the gross annual income from such properties; (c) the amount of land revenue and cesses and of all rates and taxes annually payable in respect of the wakf properties; (d) an climate of the expenses annually incurred in the realization of the income of the wakf properties; (e) the amount set apart under the wakf for (i) the salary of the mutawalli and allowances to individuals; (ii) purely religious purposes; (iii) charitable purposes; and (f) any other particulars prescribed by the Wakfs Commissioner. (4) Every such application shall be accompanied by a copy of the wakf deed or if no such deed has been executed (sic) or a copy thereof cannot be obtained, shall contain full particulars, as far as they are known to the applicant of the origin, nature and objects of the wakf. (5) Every application made under Sub-sec. (2) shall be signed and verified by the applicant in the manner provided in the Code of Civil Procedure, 1908 (5 of 1908), for the signing and verification of pleadings. (6) The Wakf Commissioner may require the applicant to supply any further particulars or information that he may consider necessary. (7) On receipt of an application for registration, the Waqf Commissioner may,, before the registration of the wakf, make such inquiries as be thinks fit in respect of the genuineness and validity of the application and the correctness of any particulars therein and when the application is made by any person other than the person administering the wakf property, the Wakfr Commissioner shall, before registering the wakf, given notice of the application to the person administering the wakf property and shall hear him if he desires to be heard. (8) In the case of wakfs created before the commencement of this Act, every application for registration shall be made, within three months from such commencement and in the case of wakfs created after such commencement, within three months from the date of the creation of the wakf. (9) Every wakf registered under this section before the commencement . of the Wakf (Amendment) Act, 1984, shall be deemed to have been registered on such commencement at the office of the Wakf Commissioner. (10) Every application for registration under this section pending immediately before the commencement of the Wakfs (Amendment) Act, 1984, before the Board shall, on such commencement, stand transferred to the Wakfs Commissioner and the Wakf Commissioner shall deal with such application as if it were an application pending before him. 11. Sec. 26 of the aforementioned Act provide for maintenance of register Wherein inter alia, all particulars of the wakf and particulars of documents etc. are to be incorporated. 12. In this case it is not disputed that in terms of Sec. 9(A) of the Apt. there exists two Wakf Boards, namely, Shift Wakf Board and Sunni Wakf Board. In terms of the aforementioned provisions read with the schedule thereof, in the event, a question arises as to whether the properties In question are wakf properties or not or whether a wakf is a Suni wakf or Shia wakf, the said question Is required to be referred to a civil court of a competent jurisdiction. 13. Sec. 30 of the said Act reads as follows: Savings,--Notwithstanding anything contained in this Chapter, where any wakf has been registered before the commencement of this Act under any law for. the time being in force it shall not be necessary to register the wakf under the provisions of this Act, Any such registration made before such commencement shall be deemed to be a registration made under this Act. 14. The provisions aforementioned, therefore, creates a legal fiction as a result whereof any action taken in terms of Bihar Wakf Act, 1947 would be deemed to have been done under the provisions of Wakfs Act, 1954. 15. 14. The provisions aforementioned, therefore, creates a legal fiction as a result whereof any action taken in terms of Bihar Wakf Act, 1947 would be deemed to have been done under the provisions of Wakfs Act, 1954. 15. In this view of the matter, the registration of wakf done by the Majlis in terms of Sec. 33 of the Bihar Wakf, 1947 by reason of legal fiction would be deemed to have been done as if registration of the wakf was done in terms of Sec. 25 of the said Act. 16. It is not in dispute that "even under the Bihar Wakf Act, the properties which were the subject matter of the wakf were raquired to be maintained in the register. 17. However, as a legal fiction has been created, the same also must conform to Sec. 26 of the aforementioned Act which as stated herebefore provides for a- necessity to incorporate and register the description of the properties which are said to be the wakf properties. 18. In Paragraph 17 of the judgment the learned lower appellate court has held that the properties have not been mentioned, as wakf properties. However, Mr. Wasi Akhtar has taken me to Paragraph 16 of the said judgment and submitted that an application form for registration of wakf (Ext. A/1) was filed and the Motawalli had himself filed the said application and described the properties as being C.S.P. 398 and 399. The learned Counsel, therefore, submitted that in this view of the matter, there cannot be any doubt that the properties in question were wakf properties. 19. However, without going into the merits of the case and rival contentions of the learned Counsel for the parties, in my opinion, it is not necessary for the purpose of finding but as to whether, in fact, the said properties were registered as Wakf Board or not, inasmuch as, the Board before taking action in terms of Sec. 36(B) of the aforementioned Act must satisfy that the statutory requirements were complied with. 20. Sec. 36(B) provides that the procedure for recovery of a property on the basis of an adjudication of the Wakf Board itself that the tame was wakf property. 21. 20. Sec. 36(B) provides that the procedure for recovery of a property on the basis of an adjudication of the Wakf Board itself that the tame was wakf property. 21. In this view of the matter, Sec. 36(B) of the aforementioned Act must be strictly construed and unless and until all the conditions precedent are fully satisfied, then only recourse to the said procedure can be taken for the purpose of recovery of such property. 22. It is true as contended by Mr. Wasi Akhtar, learned Counsel for the Board as also found by the learned lower appellate court that the petitioner himself applied for permission from the Wakf Board end purported to have made efforts to approach the Minister of Wakf Board for a ipso facto permission. It is further true that the petitioner considered the property as the wakf property and proceeded as such but in a case of the nature, it is open to the petitioner to explain his admission and raise a dispute that as statutory requirements were not fulfilled and as such the Collector did not have any jurisdiction whatsoever in terms of Sec. 36(B) of thd said Act. 23. In Subrat Shankar Bhadun V/s. The Bihar State Sunni Wakf Board reported in 1976 BBCJ 274 : 1976 PLJR 526, this Court has held that in terms of Sec. 26 of the Act of 1954, the property dedicated should be entered in the Register as Wakf property. 24. Before pronouncing a judgment on merit, the learned lower appellate court was, therefore, required to find out as to whether the properties in question were registered as wakf properties either expressly or the said properties were incorporated by reference to the deeds of wakf in the registers maintained by the Wakf Board. 25. In this view of this matter; the civil revision application is allowed and the judgment of the learned lower appellate court is set aside and he is hereby directed to apply his mid afresh and pass a judgment in accordance with law. 26. In the peculiar facts and circumstances of this case, if adduction of additional evidence in the case is required and if any application in this regard is filed, it will be open to the court to consider the same on its own merits and pass an appropriate order thereupon. 27. 26. In the peculiar facts and circumstances of this case, if adduction of additional evidence in the case is required and if any application in this regard is filed, it will be open to the court to consider the same on its own merits and pass an appropriate order thereupon. 27. However, in the circumstances of the case and submission of both the parties, the case is remanded to the learned lower appellate court to reconsider the matter. 28. In view of the fact that the matter is pending since 1979, the learned lower appellate court shall try the matter as expeditiously as possible preferably within six months from the date of receipt of the copy of this order. In the facts and circumstances of the case, there shall be no order as to costs.