IRSHADI BEGUM Vs. IIND ADDITIONAL DISTRICT JUDGE, SHAHJAHANPUR

JUDGEMENT

(1.) THE building in which the disputed shop is situate is a waqf property and is represented by respondent No. 3 and respondent No. 4 is mutwalli of the same.

(2.) THE respondent No. 3 through respondent No. 4 initiated proceedings under Section 21 of U.P. Act No. 13 of 1972 in respect of three shops, being case No. 47 of 1977 against Smt. Gafooran, case No. 48 of 1977 against Sri Yaqoob Ali and case No. 49 of 1977 against Smt. Irshadi Begum. All the three cases were tried together by the Prescribed Authority and P.A. case No. 47 of 1977 was made the leading case.

(3.) AN application under the provisions of Section 21(a) and (b) of the Act was filed for bonafide requirement of the Waqf and for new construction as the building was in dilapidated condition and required demolition and new construction. These applications were opposed on the ground that the need is not bonafide and the condition of the building is not such, which requires demolition as also the respondents do not have sufficient means to reconstruct the building.