- (1.) Heard Sri Mohd. Adil Khan holding brief of Sri Mohd. Arif Khan, Senior Advocate, learned Counsel for the revisionist, Km. Rafat Farooqui holding brief of Sri Z. Zilani, learned Counsel for the respondents and perused the record. Facts of the present case are to the effect that initially in Suit No. 281 of 1982, a certificate of registration dated 1.2.1983 of the entire property left by one Sri Monday Khan was obtained which indicated that the entire property was registered as Waqf property and respondent No. 4 was appointed as Mutawalli. As per the version of the revisionist, thereafter he came to know the above said fact on 17.9.1983 and moved an application for reference under section 33(2) and section 29(8) read with section 71 of U.P. Muslim Waqfs Act, 1960 on 17.12.1983 alongwith an application supported with an affidavit under section 5 of the Limitation Act.
(2.) Application under section 5 of the Limitation Act was rejected by the Court below vide order dated 27.3.1984 on the ground that section 5 of the Limitation Act was not applicable under the proceedings of U.P. Muslim Waqfs Act.
(3.) Aggrieved by the said order, revisionist had approach this Court by filing a Revision No. 59 of 1984 allowed by order dated 18.3.1986 with the direction that under the U.P. Muslim Waqfs Act, Limitation Act will apply, accordingly it was directed to decide the application under section 5 of Limitation Act.;