ANWAR SAEED Vs. MOHD.ARBI

JUDGEMENT

(1.) Heard Shri Avadhesh Kumar Shukla, learned counsel for the revisionist and Shri Q. H. Rizvi, learned counsel for the opposite party no. 2.

(2.) Service is sufficient upon the opposite party no. 1 but nobody has put in appearance on his behalf.

(3.) This is a revision under Section 83(9) of the Waqf Act, 1995 challenging an order dated 03.04.2019 passed by the U.P. Waqf Tribunal disposing of the Waqf Petition of the revisionist under Section 83(2) of the Act, 1995 with the observation that the same is returned to him for presentation after compliance of Section 89 of the Waqf Act, 1995. In the body of the impugned decision it has been observed that although the petition has been filed under Section 83(2) of the Act, 1995 the relief sought by the petitioner is for deletion of Waqf claiming the property to be the property of the petitioner, therefore, suit is covered under Section 6 and 7 of the Waqf Act, 1995. It has further been observed in the impugned decision that Section 89 of the Act contains a mandatory provision of issuing notice to the Waqf Board two months prior to filing of the suit. The mandatory provision has not been complied with by the plaintiff. Hence the aforesaid order has been passed.