S.C.VERMA, J. - (1.) THE building in which the disputed shop is situate is a waqf property and is represented by respondent No. 3 and respondent No. 4 is mutwalli of the same.
(2.) THE respondent No. 3 through respondent No. 4 initiated proceedings under Section 21 of U.P. Act No. 13 of 1972 in respect of three shops, being case No. 47 of 1977 against Smt. Gafooran, case No. 48 of 1977 against Sri Yaqoob Ali and case No. 49 of 1977 against Smt. Irshadi Begum. All the three cases were tried together by the Prescribed Authority and P.A. case No. 47 of 1977 was made the leading case. In the release application it was alleged that the disputed property is recognised by Sunni Central Waqf Board and is in the nature of Waqf Alaulad. The Waqf Board has approved the resolution of the Waqf by order dated 11.3.1974 to demolish the building and to raise new construction in the shape of a market to augment the income of the Waqf. A plan has also been submitted and they have sufficient means for reconstruction.
(3.) AN application under the provisions of Section 21(a) and (b) of the Act was filed for bonafide requirement of the Waqf and for new construction as the building was in dilapidated condition and required demolition and new construction. These applications were opposed on the ground that the need is not bonafide and the condition of the building is not such, which requires demolition as also the respondents do not have sufficient means to reconstruct the building.;