MOHD NASIR Vs. MOHD AFTAB

JUDGEMENT

(1.) In these two revisions under provisio to Sub-section (9) of Section 83 of The Wakf Act, 1995 (herein after referred to as "Act") the relief sought is to set aside the judgment and order dated 31.5.2012 passed in reference no. 1 of 2010 by the Civil Judge (Senior Division) Mau exercising the powers of Wakf Tribunal.

(2.) There was a Madarsa (Urdu Medium School) and a 'Masjid' (Mosque) adjoining to one another. In the vicinity of the Madarsa and the Masjid there was land of arajij no. 215 area 168 Kadi. All within the village Kareemuddinpur, pargana and Tehsil- Ghosi, District- Mau. Haji Sukurullaha, the owner of the said plot vide registered wakfnama dated 14.4.1947 wakfed the above land for the purposes of Madarsa and Masjid and appointed his son Abdul Sattar as its Mutvalli. The said Abdul Sattar remained Mutvalli of the said Wakf till 1982. The Wakf was later registered in the records of U.P. Sunni Central Wakf Board, Lucknow (hereinafter for short the 'Wakf Board') as Masjid, Madarsa Islamiya Shamsul Uloom Kareemuddinpur, Ghosi, Mau and subsequently as Wakf No. 611, District Azamgarh now Mau.

(3.) In the year 1960 a society with the name of Darul Uloom Ahale Sunnet Shamsul Uloom Ghosi, Mau also came to be registered in connection with the aforesaid Madarsa.