SHIA CENTRAL BOARD OF WAQFS Vs. SYED ALAM

JUDGEMENT

(1.) The aforesaid two revisions have been filed under Section 76 of U. P. Muslim Waqfs Act, 1960, against the judgment and award dated 10.9.1996 passed by the Civil Judge, Lucknow/Tribunal constituted under U. P. Muslim Waqfs Act, 1960, in references bearing Regular Suit Nos. 2 of 1993, Syed Alam v. Shia Central Board of Waqfs and Anr. and 262 of 1992. Smt. Abida Begum v. Shiya Central Board of Waqfs and Anr..

(2.) 1 have heard the learned counsel for the parties and have perused the record.

(3.) Late Shri Shamsul Ulema Maulana Syed Siubte Hasan Saheb created a waqf by a waqf deed dated 8/10.4.1933. The waqf deed gave the details of the property. On receipt of the report, the controller of the Board passed the order of the registration of waqf of Shamsul Ulema Maulana Syed Sibte Hasan Saheb and lis properties in the register of waqf on 27.2.1991. On 1.1.1993, the opposite party filed a reference bearing Regular Suit No. 2 of 1993. One other reference petition challenging the same order of the Board was also filed by Smt. Abida Begum, which was registered as Regular Suit No. 262 of 1992. Both the suits were consolidated by the trial court/Tribunal. The main prayer in the reference was that the decree be passed for setting aside the order dated 27.2.1991 registering the ancestral house of the revisionist as the waqf property. The issues were also framed with regard to only disputed property, i.e., the ancestral house of the opposite party but the learned trial court allowed both the references on 10.9.1996 by a common judgment and set aside the entire registration of waqf.