LAWS(ALL)-1999-11-33

WAQF KHUDABAND TALA MAHASUMA IMAMBARA Vs. HASAN ABID

Decided On November 30, 1999
WAQF KHUDABAND TALA MAHASUMA IMAMBARA Appellant
V/S
HASAN ABID Respondents

JUDGEMENT

(1.) RAM Janam Singh, J. This revision has been filed by Waqf Khudaband Tala Mahasuma Imambara, Mohalla Ansariyan against the order dated 21-3-96 passed by Sri N. P. S. Tewatiya, learned Additional Commis sioner, Meerut with the allegation that the learned Courts below have rejected a res toration application arbitrarily and on a flimsy ground. The observation of the learned Additional Commissioner that the restoration application has not been filed by the plaintiff-himself is against the fact. Waqf Khudaband Tala is not a person and is an Institution and is represented by Administrator already on record. Hence the observation of the learned Additional Commissioner is contrary to the facts.

(2.) THE orders of the Courts below are hereby set aside and the restoration ap plication of Waqf Khudaband Tala is al lowed, and the case is remanded back to the learned trial Court for affording an opportunity to the parties to adduce evidence into oral and documentary and then decide the case on merits in accord ance with law. Restoration allowed. .