SYED ASHFAQ HASAN AND ORS. Vs. WAQF ALAL NAFS AND ALALAULAD AND ALAL AYAL THROUGH MST. ZAHIDA KHATOON W/O. KHWAJA BASIT HUSAIN GAILANI AND ORS.

JUDGEMENT

(1.) By means of this application it has been prayed by the Respondents that inasmuch as a dispute is pending between the parties before the consolidation authorities in respect of the Bhumidhari plots falling in the villages mentioned in the plaint giving rise to this appeal, the hearing of the present appeal be stayed under the provisions of Sec. 5 of the U.P. Consolidation of Holdings Act (hereinafter referred to as the Act).

(2.) Mr. Mohammad Hussain, who has appeared for the Applicant, places reliance upon Kushar v/s. Ahmad Khan 1962 AWR 391, Dalel v/s. Baroo, 1963 AWR 230 FB, Smt. Ram Kuer v/s. Jangi, 1964 ALJ 718 and Ram Lal v/s. Assistant Collector, Sadabad, District Mathura, 1966 AWR 140.

(3.) This application is opposed by Sri Harish Chandra, who contends that the reliefs sought in this case cannot be granted by the consolidation authorities with the result that Sec. 5 of the Act would not apply and the hearing of the appeal cannot be stayed.