SARTAJ JAHAN Vs. SUNNI CENTRAL BOARD OF WAQF

JUDGEMENT

(1.) THIS plaintiffs' second appeal is directed against the judgment and decree dated 16-1-1979 passed by the Additional Civil Judge, Lucknow, dismissing Regular Civil Appeal No. 16 of 1978 and affirming the judgment and decree dated 16-9-1977 passed by Munsif North, Lucknow, in Regular Suit No. 56 of 1977.

(2.) THE facts giving rise to this appeal are that the plaintiffs-appellants filed a suit for declaration against the defendant, Sunni Central Board of Waqfs, U. P. Lucknow, that the property in suit was the private property of the plaintiffs and in the alternative a private waqf and not public waqf. THE case of the plaintiffs was that the property in suit was their.private family grave-yard. It was case of the plaintiffs that on coming to know that the property was being treated as waqf property and that as such the plaintiffs valuable right was being disturbed they filed this suit. THE defendant did not put in appearance and on the basis of the affidavit filed in evidence by the plaintiffs the trial court proceeded to decide the suit. THE court was of the view that in view of the bar of section 75 of the U. P. Muslim Waqfs Act, 1960 (Act for short), the suit was not maintainable. Section 75 of the Act provides as under :-

(3.) THE appeal is devoid of force and is dismissed with costs. Anneal dismissed.