Grover, J. - (1.) This is an appeal by special leave from a Judgment of the Allahabad High Court made in exercise of the revisional jurisdiction.
(2.) The appellant is a statutory board established under the provisions of Section 10 of the Uttar Pradesh Muslim Waqfs Act, 1960, hereinafter called the 'Act'. The Act applies to all waqfs which at the time of its coming into force were under the superintendence of the Sunni Central Board and the Shia Central Board constituted under the U. P. Muslims Waqfs Act 1936.
(3.) The present proceedings relate to the famous Durgah of Hazrat Sheikh Saleem Chishti at Fatehpuri Sikri in the district of Agra said to have been established by Emperor Akbar. The Durgah was administered originally by the Moghuls and thereafter by the Board of Revenue established by the British Government under the Bengal Regulation No. 19 of 1810. Subsequently the Religious Endowment Act 1861 (Act 20 of 1863) was passed which provided for the management of mosques, temples and other religious establishments. Section 7 of Act 20 of 1863 provided for the appointment and constitution of the committees which were to be appointed by the State Government for the management of religious establishments mentioned in Section 3 of that Act. Section 10 provided for election when a vacancy occurred in the committee. By G. O. dated July 7, 1925 and a subsequent notification dated February 27, 1927 rules for the election of the managing committee were framed and a committee was formed.;