- (1.) This appeal arises out of certain proceedings under the U.P. Muslim Wakf Act, 1960 (hereinafter referred to as "the Act"). The appellant before us filed a reference under Section 19(2) read with Section 71 of the Act, before the Tribunal.
(2.) The Tribunal, on examination of the pleadings arising and on examination of the evidence adduced in the case, came to the conclusion that the wakf in question is a private wakf of Qazi Saiyed Tufail Ahmed and he had executed a Will on 25-1-1985 appointing the appellant Noor Mohammed as the sole mohatmin mutawalli of the wakf in question and thereafter he had been controlling and managing the wakf property; that Qazi Saiyed Tufail Ahmed also executed a mukhtarnama in his favour to look after the wakf property. The appellant made an application before the Board to recognise him as a mutawalli. At that stage the Board treating that there was a vacancy in the office of mutawalli constituted a Committee of Management. Aggrieved by that order the appellant raised the dispute as stated earlier.
(3.) The Tribunal having found that the appellant had in fact been appointed as a mutawalli and he continued to act as such, held that he is the sole mohatmin mutawalli of the wakf, and is entitled to administer, supervise and remain in managerial control and possession of the aforesaid wakf property unhindered by the order made by the Board.;