- (1.) These appeals filed by the U. P. Shia Central Board of Wakf through its Secretary (for short the Shia Wakf Board) and some other persons of the sect by special leave are directed against the order passed by the Allahabad High Court on 2nd September, 1994 disposing of two Revision Petitions, C.R. No. 284/92 filed by the U. P. Sunni Central Board of Wakf (for short 'the Sunni Wakf Board') through its Secretary and some other persons of the sect and Civil Revision No. 255/92 filed by the Shia Wakf Board and some other persons of the sect.
(2.) The dispute raised in the case relates to the mosque, Ahnaf Bar Taley Pura Chhanga Kiyan Tola, Maunath Bhanjan and its Sehan and the Imam Chowk, registered as a Wakf by the U. P. Shia Central Board of Wakf. Aggrieved by the said registration the Sunni Board through its Secretary made a reference to the Muslim Wakf Tribunal, Azamgarh which was registered as suit No. 154/88. The Controller, Shia Central Board of Wakf and two others were cited as defendants in the proceeding. The prayer in the plaint was for an award declaring the property in the suit to be a Shia Wakf property and not a Sunni Wakf property and to declare its registration as null and void, and further to restrain defendants from interfering with or disturbing in any manner with possession, administration, management and control over the property by the plaintiffs.
(3.) The gist of the case pleaded by the plaintiff is that the mosque and its sehan including the Imam Chowk was constructed by the ancestors of Late Abdul Salam with efforts of his grandfather Md. Azal Bilal. The grave of Md. Azal Bilal lies within the compound of the mosque. The mosque including sehan and Imam Chowk have always remained under control and management of the Sunni sect of Muslims. Members of the said sect had always called Azan in the said mosque and the congregation prayer have been led by Sunni Pesh-e-Imam. Sunni Muslims have been attending the congregation in the mosque and the sehan. Members of the sect have been looking after the maintenance of the mosque and its properties. On the application made by Members of the Sunni sect of Muslims the Wakf Board after inquiry registered the mosque, its sehan and the Imam Chowk as Sunni Wakf in 1980.;