CHHEDI LAL MISRA Vs. CIVIL JUDGE LUCKNOW

JUDGEMENT

(1.) The Deputy Commissioner, Lucknow Issued a notice under Section 49A read with Section 97A of the U. P. Muslim Waqf Act. 1960 (hereinafter called Act) against the unauthorised occupant, the petitioner, on a requisition sent by Shia Central Board of Waqf, U. P. The unauthorised occupant Chhedi Lal Mlsra filed an appeal before the District Judge, which was transferred to Civil Judge, Lucknow. The Civil Judge dismissed the appeal. Being aggrieved against the said order, the present writ petition has been filed.

(2.) The brief facts of the case are that one Mirza Mohammad Haider created a waqf of his entire property Including the property in question in the year 1926 and appointed his son Piyarey Misra as Mutwalli of the waqf property. The said waqf "waqf Alalkhair" (for waqf religious and charitable purposes) was registered under Section 38 of the U. P. Muslim Waqf Act, 1936. which is pari materta with Section 29 of the Act, I960 and the same was notified in the Official Gazette in January. 1954.

(3.) No suit challenging the waqf in question was filed by any body within the specified period of limitation as provided under sub-section (8) of Section 38 of the Act, 1936.