MUKHTAR HUSAIN Vs. FATTU

JUDGEMENT

(1.) THIS revision has been preferred against the award if the Tribunal constituted under the U.P. Muslim Waqfs Act, 1960 (hereinafter referred to as the 'said Act'). Section 76 of the said Act lays down as under:

(2.) THE brief facts are these.

(3.) THE claim was set up on the ground that Smt. Jabbo, daughter of Nawab Saadat Ali, was a Shia in the reign of King Mohammad Shah and in 1725 A.D. she created this Waqf. According to the directions of the Waqf, the Mutwalli was to be from amongst the male descendants of Nawab Saadat Ali and Manzoor Hasan son of Mohammad Ahuzaffar had been the last Mutwalli for the last 30 years. The Petitioners claimed that they were also some of the descendants of Nawab Saadat Ali and were Shias and were thus interested in the waqf in question and were entitled to maintain the petition. It was further alleged that the opposite parties Nos. 1 to 14 were Sunnis and they sought to interfere in the management of the waqf. They constructed a School in the land appurtenant to the mosque. A report was lodged regarding the said construction by Manzoor Husain as the Mutwalli of the Waqf. The dispute was, however, compromised between the two sects of Shias and Sunnis. In December, 1965, a few months before the petition was preferred, the said opposite parties again began to create trouble. Paragraph 11 of the petition is relevant and reads as under: