WAQF ALAL NAFS ALAL AULAD Vs. NAWAB SHER
LAWS(ALL)-1980-2-31
HIGH COURT OF ALLAHABAD
Decided on February 28,1980

WAQF ALAL NAFS ALAL AULAD Appellant
VERSUS
NAWAB SHER AND ANR Respondents

JUDGEMENT

- (1.)This is Plaintiffs' revision against the order dated 21st August 1978 of Civil Judge, Saharanpur, dismissing the reference as not maintainable.
(2.)The facts of the case in brief are that originally Hazi Sadat Ali created waqf of the property in dispute through a waqf deed dated 23rd March 1935. It is mentioned in the waqf deed that after the death of Waqif, Abdul Hasan would be Mutwalli and after the death of Abdul Hasan, his eldest son will be Mutwalli. Sadat Ali died in the year 1943 and after his death, Abdul Hasan became Mutwalli Of the waqf property. He also died on 30-5-1971. After some time of the death of Abdul Hasan, O.P. No. 1 Nawab Sher moved an application to the U.P. Sunni Central Board for registration of the waqf and the U.P. Sunni Central Board registered the waqf-deed with O. P. No. 1 as Mutwalli of the waqf property. The Applicant--Abdul Gafoor has filed this reference for Waqf Alal Aulad Nafs under the provisions of U.P. Muslim Waqf Act for cancellation of the order dated 19th November 1977 passed by the U.P. Sunni Central Board on the ground that Nawab Sher O.P. No. 1 misrepresenting him as Mutwalli has got the waqf registered in the U.P. Sunni Central Board. In fact, according to the terms of the waqf deed, the Applicant being the eldest son of Abdul Hasan is the Mutwalli and he has entered into possession of the waqf property as such. His name is also recorded in the Municipal Board and he also paid the Municipal taxes. It was further alleged that the U.P. Sunni Central Board, on receipt of the application from opposite party No. 1 to register the waqf deed with O.P. No. 1 as Mutwalli, did not serve any notice on the Applicant nor he was given any opportunity to put his case before the Board. Thus the order was obtained by fraud and mis-representation and O.P. is not the legal Mutwalli of the waqf property. Hence, the order dated 19th November, 1977 has been challenged and its cancellation has been sought.
(3.)Opposite Party No. 1 has contested the claim of the Applicant on the ground that he is Mutwalli of Waqf property and the Sunni Central Board has rightly registered the waqf deed with opposite party No. 1 as Mutwalli According to the O.P., Abdul Gaffar, the Applicant has no concern with the waqf property. It was further alleged that Applicant has not mentioned the Section of the U.P. Muslim Waqf Act, under which the reference has been filed' and so the reference is not maintainable under the provisions of U.P. Muslim Waqf Act. Applicant No. 2 fictitiously got his name entered in the Municipal Board, but those entries have got no effect on the right of the opposite party No. 1 as Mutwalli. The tenants of the disputed property have been paying rent to the O.P. No. 1 and treating him as Mutwalli. On 29-5-1971, Abdul Hasan, Mutwalli appointed O.P. No. 1 as Mutwalli in writing. Hence, the reference is not legally maintainable and is liable to be dismissed on legal point.


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