- (1.) Heard Sri Gajendra Pratap, learned Senior Advocate assisted by Sri M.A. Siddiqui for the petitioner and Sri Varun Dev Sharma for the respondent caveator. This petition by the Waqf Board is directed against an order dated 16.3.2010 passed by the Prescribed Authority in Execution Case No. 24 of 2009.
(2.) The case as set up by the petitioner is that one Hafeez Uddin executed a waqf deed in respect of a building known as Bungalow Nos. 160 and 160-A, Carriappa Road/situated within the limits of Meerut Cantonment (hereinafter referred as disputed property). The said waqf deed was duly registered in April, 1926 and after the death of the Waqif Hafeez Uddin, his son Nizam Uddin became Mutawalli and on his death, the petitioner appointed an administrator vide order dated 17.4.1984.
(3.) One Smt. Ghazala Rana, the daughter of the deceased Nizam Uddin executed a registered sale deed in favour of respondent No. 2 in October, 1986 and thereafter she filed an application before the Waqf Board in October, 1987 claiming that she was the rightful owner and the disputed premises was not a waqf property and be declared as such and if it is found otherwise, she may be declared as Mutawalli and the sale-deed be approved.;