NASIM DAD KHAN Vs. MOHAMMAD SHAFI AND ORS.

JUDGEMENT

(1.) Heard Sri Mahtab Alam, learned counsel for the revisionist and Sri J.J. Munir, Advocate for respondents.

(2.) This revision has arisen from the judgment and order dated 24.01.2001 passed by Wakf Tribunal/ Civil Judge (Senior Division), Aligarh in Wakf Reference No. 112 of 1986.

(3.) The Assistant Wakf Commissioner, Aligarh vide order dated 31.12.1981 passed in Case No. 159 of 1980-81 declared disputed property to be a Wakf in purported exercise of power under Section 6(2) of U.P. Muslim Wakf Act, 1960 (hereinafter referred to as the "Act, 1960"), whereagainst a reference was made by Sri Kallam Khan (now deceased and substituted by his legal heirs), which was registered as Wakf Reference No. 112 of 1986 and the Wakf Tribunal/ Civil Judge (Senior Division), Aligarh held that Wakf Commissioner has no such power and hence has declared the aforesaid order to be void ab initio.