AHMAD HUSAIN Vs. RUAB BANO

JUDGEMENT

(1.) Heard Sri K.G. Srivastava for the applicant.

(2.) This civil revision under Section 76 of the Waqf Act of 1960 has been filed along with a delay condonation application under Sections 5 and 14 of the Limitation Act, 1963 for condonation of delay in filing the revision against the order dated 30.11.1998 passed by 1st Additional Civil Judge (Senior Division), Bijnor in Original Suit No. 475 of 1989 between Masjid Patwarian and Ors. v. Ruab Bano and Ors. by which the trial court decided the issue No. 3 and held that the suit is barred by principle of res-judicata, and the order dated 11.2.2003 in Miscellaneous Civil Appeal No. 54 of 2003 decided and dismissed by the District Judge. Bijnor on merits affirming the findings of the trial court, that the suit is barred by res-judicata as well as on the ground that the appeal even otherwise was not maintainable as revision under the Waqf Act lies before the High Court.

(3.) The brief facts giving rise to this Civil Revision are that a Case No. 164 of 1979 was filed as Azam All and Ors. v. U. P. Sunni Central Waqf Board, Lucknow for a declaration that the Masjid and the land in plot Nos. 102 and 103 of village Aurangabad Pargana Kiratpur is the dedicated waqf property of Shia sect of Muslims, and that the applicant is the Mutwalli, as well as injunction against the defendants, in the court of Additional Civil Judge, Bijnor/Tribunal under the U.P. Muslim Waqf Act, 1960. The plaintiff alleged that the land in plot Nos. 102 and 103 belongs to Shia Muslims and that they are managing the same. The Masjid was founded by Yusuf Saheb and was managed by him as mutwalli. After Yusuf Saheb his family members were mutwallis and that the Masjid was dedicated as Waqf, and was registered as waqf property with the Shia Waqf Board. U.P. Lucknow. The defendants belonging to Sunni sect are interfering and are claiming the Masjid and land belonging to Sunni Muslims.