N.K.Mehrotra, J. - (1.) This is a revision under Section 76 of the U . P. Muslim Waqfs Act, 1960 against the order/award dated 2.4.1997, passed by the Civil Judge (Senior Division), Lucknow/Tribunal in R. S. No. 343 of 1996.
(2.) I have heard the learned counsel for the parties and have perused the record.
(3.) It appears that one Nawab Sajjad Ali Khan created a waqf known as Sajjadia Qadim on 6.5.1921 and Sajjadia Jadid by waqf deed dated 28.2.1934. Five members committee was appointed under the waqf-deed. The waqif provided that every mutwalli shall have right to appoint his successor mutawalli. It was also provided that if any mutawalli does not nominate his successor and dies, then firstly, the Mujtahid-ul-asr secondly, the Hakim-e-Waqt shall have right to appoint a competent person on his place. In one waqf there was a five members' committee and in other there was six members' committee. In the waqf deed dated 22.2.1934, it was provided that every mutawalli shall have a right to nominate his successor and if any mutawalli does not nominate his successor, then after his death, the other mutawalli shall be entitled to appoint a successor by majority vote. According to the revisionist, he was one of the mutawalli. After the resignation of six members out of seven, he (the revisionist) was the only mutawalli and the U. P. Shia Waqf Board vide order dated 17.12.1976 dissolved the committee of management. The revisionist filed a reference. It was decided on 1.9.1990. The order dissolving the committee was quashed. When the waqf board did not hand over the charge of the waqf property to the revisionist, he filed a suit No. 313 of 1991 in the Court of the Munsif South, Lucknow. On 18.5.1996, the U. P. Shia Waqf Board (hereinafter referred to be as "Board") served a show cause notice to the revisionist under Section 55 of the U. P. Muslim Waqf Act, 1960. The revisionist replied to the notice but the Board removed the revisionist on 31.7.1996. It is against these two orders a reference was made before the Tribunal/Civil Judge (Senior Division), Lucknow. The Civil Judge, (Senior Division), Lucknow dismissed the reference and it is against this order that the present revision has been filed.;