MOHAMMAD MUSTEH HASAN JAFFREY Vs. AZAM ALI

JUDGEMENT

(1.) THE Plaintiff, Mohammad Musteh Hasan Jaffrey, filed a suit (strictly speaking a reference) before the Additional Civil Judge, Bijnor acting as a Mutwalli under the U.P. Muslim Waqfs Act, 1960, for a declaration that the Masjid in question is a Shia Masjid belonging to the Shia community and is duly registered as such by the Shia Waqf Board. Even though the Masjid belonged to the Shia community and was under its management. Sunnis were interfering with their possession and management and had also started making construction thereon. It was prayed that an injunction be issued restraining them from committing these illegal acts.

(2.) DEFENCE to the suit, inter alia, was that the Masjid belonged to the Sunni community and it had never been under the management of Shias, that Ibne Hasan has been its Mutwalli for the last several years and has been managing the same. He had made constructions therein and even electric connection is in his name. The Defendants suit is liable to be dismissed.

(3.) I have heard learned Counsel for the parties at considerable length and have also perused the impugned order.