MUSARAF ALI BEG Vs. JAGDISH PRASAD AND ANR

JUDGEMENT

(1.) This is Plaintiff's appeal.

(2.) The Plaintiff instituted a suit for possession and for issue of a permanent injunction restraining the Defendants from making any construction or otherwise interfering with the Plaintiff's title and possession over the land in suit on the assertion that the land was appurtenant to Waqf property situate in Mohalla Singi Gali of the city of Agra, that the Plaintiff was the Mutwalli of the Waqf and and that the alleged deed of lease on the basis of which the Defendant was asserting his right to the property was illegal, hence the suit.

(3.) The Defendants contested the suit inter alia on the assertion that the property in suit pertained to a public Waqf of religious and charitable character governed by the provisions of UP Muslim Waqf Act, 1936, that the Plaintiff was not a validly and legally appointed Mutwalli and had no right to maintain the suit, that the Defendant Jagdish Prasad had been granted a lease of the property by the Central Shia Waqf Board, Lucknow, on payment of a premium of Rs. 1,500/- and monthly rent of Rs. 15/- and that he was a bonafide lessee of the land and had invested a large sum over the constructions and was not liable to ejectment.