BHARTIYA VIDYALAYA BIGHER SECONDARY SCHOOL Vs. RAM KRIPAL

JUDGEMENT

(1.) The present petitioners have come forward with a prayer that the order dated 2.5.1983 passed by the S.D.M. Fatehpur in case No.4 of 1975 as well as the order dated 21.9.1983 passed by the Sixth Additional Sessions Judge, Fatehpur, in Criminal Revision No. 33 of 1983 upholding the Magistrates order may both be quashed.

(2.) By the impugned order the present opposite parties have been declared in possession of plots Nos. 3 and 4 by the Magistrate and the petitioners have been directed not to interfere until an order by a competent court of civil jurisdiction in their favour. It would appear that the property intitially belonged to Mahadev Prasad who died in 1974 and his widow died in 1975 issueless. The opposite parties are the sons of the deceased brother of Mahadev Prasad and claim the properties by inberitence. The petitioner is an Institution. It claims the property on the strength of a deed of Waqf-name of Smt. Sahdai. There was mutation proceeding in mutation court and to cut short the mutation was ultimately directed in favour of the present opposite parties and the petitionersT prayer for mutation was rejected. The Waqfnama in question is of 1971.

(3.) The Magistrate giving great stress to the order of mutation in favour of the opposite parties held the opposite parties to be in possession of the properties involved at the material time. The revisional court also up. held the order.