WAQF NAWAB ALI BAHADUR Vs. MAHENDRA KUMAR GAUR

JUDGEMENT

(1.) Special leave granted. Heard both the sides.

(2.) We are of the view that while the learned Civil Judge presiding over the waqf tribunal was right in setting aside the notice dated 5.11.76 issued by the Collector, the tribunal was not right om dorectomg that Waqf Board should institute a suit even if after taking on systematic measurement of the property in possession of the respondent, it was found to be a part of the Waqf proeperty situated within the boundary of the mosque. The jurisdiction of the Waqf Board to decide the question on merits cannot be taken away. Accordingly, we allow this appeal partly amd while we confirm the order setting aside the impugned notice we modify the operative order passed by the Waf tribunal to the following extent:

(3.) The order passed by the High court is set aside. The order passed by the Waqf tribunal is modified to the aforesaid extent. The appeal will stand disposed of accordingly