ISTYAQ AHMAD Vs. AHMADI KHATOON AND 8 ORS

JUDGEMENT

(1.) Heard Sri P. P. Chaudhary for the petitioner; the learned Standing Counsel for the respondent no.13; Sri Punit Kumar Gupta for the respondent no. 10; Sri Manoj Kumar Yadav for the respondents 11 and 12; and the learned counsel for the caveator- respondent no.6.

(2.) The present petition has been filed challenging the order dated 30.08.2017 passed by the Board of Revenue in Second Appeal No. 312 of 2015 whereby the judgment and decree passed by the courts below has been set aside and the matter has been remanded back to the trial court to decide it afresh in the light of observations made in the judgment of remand after giving opportunity to lead evidence to both sides.

(3.) A perusal of the record would reveal that the petitioner, namely, Istyak Ahmad, instituted suit under Section 229-B of the U.P. Zamindari Abolition and Land Reforms Act (in short U.P.Z.A. & L.R. Act) by claiming that though the plaintiff and the defendants were recorded over plot nos. 146/2.58 and 148/0.9 but against their names "Mutwalli Waqf Masjid" has been left out, and since the land is subject matter of Waqf, under Waqfnama of the year 1906, therefore, a declaration to that effect be made.