SARDAR SURENDRA MOHAN PURI Vs. SARDAR SURENDRA SINGH

JUDGEMENT

(1.) N. N. Mithal, J. These are two ap peals arising out of two different suit in which the plaintiff was the same and a com mon question of law is involved in both of them.

(2.) IN second appeal No. 123 of 1977 facts were that a waqf had been created by Smt. Badrunnisa in 1930. According to the scheme of succession of Mutawalli as laid down in the deed of waqf on the death of the Wakif are Smt. Ejazatunnisa became its Mutwalli. However, she offered to sur render her mutwalliship rights in favour of Shamshad Ahmad and obtained order dated 25th April, 1967 from the District court permitting this change whereafter Sham-shad Ahmad became the mutawalli. On 1-6-1971 he obtained permission from the Dis trict Judge to transfer the disputed waqf property in favour of the plaintiff. Acting upon that permission a sale-deed was ex ecuted on 14th February, 1972. A suit by the waqf was then pending against the defen dant and with the leave of the court the present plaintiff was substituted for the waqf.

(3.) ADMITTEDLY, U. P. Muslim Waqfs Act, 1960 was enacted to regulate and control the working and management of waqfs in U. P. and waqfs of all kinds came under its purview, barring those class of waqfs Alalaulad which were saved by Sec. 2 (3) of the Act. By U. P. Act No. 28 of 1971, which was enforced from 5th Nov. 1971, the Waqf Act was amended whereby this sub-clause (3) was deleted.