MOHD. SABIR (SINCE DECEASED) THROUGH LRS. Vs. IRSHAD AND ORS.
LAWS(ALL)-2003-1-207
HIGH COURT OF ALLAHABAD
Decided on January 27,2003

Mohd. Sabir (Since Deceased) Through Lrs. Appellant
VERSUS
Irshad And Ors. Respondents

JUDGEMENT

Satya Poot Mehrotra, J. - (1.) SUPPLEMENTARY affidavit filed today be taken on record. This writ petition has been filed by the petitioner Nos. 1/1 to 1/3 under Article 226 of the Constitution of India, inter -alia, praying for quashing the judgment and order dated 18.12.2000 (Annexure -4 to the writ petition) and the judgment and order dated 2.12.2002 (Annexure -5 to the writ petition).
(2.) THE dispute relates to a shop bearing No. 1811 situated in Mohalla Munna Lal, Kasba Mawana, Tehsil Mawana, District Meerut. The said shop has, hereinafter, been referred to as "the disputed shop". From the allegations made in the writ petition, it appears that Mohd. Umar filed a suit against Mohd. Sabir, inter -alia, for ejectment, arrears of rent and mesne profits etc. The said suit was filed by the said Mohd. Umar in his capacity as mutwalli Waqf -Alal -Aulad created by Sri Abdul. The said suit was registered as S.C.C. Suit No. 171 of 1995.
(3.) IT further appears that during the pendency of the said suit, the said Mohd. Umar expired on 12.7.1997, and Mohd. Irshad (respondent No. 1 herein) was substituted as mutwalli of the said Waqf Al -al -Aulad of the said Sri Abdul. Copy of the plaint of the said S.C.C. Suit No. 171 of 1995 has been annexed as Annexure -2 to the writ petition.;


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