Rajiv Sharma, Arvind Kumar Tripathi (II), JJ. - (1.) Heard Mr.Mohd. Arif Khan, Senior Advocate duly assisted by Mr.Mohd. Adil Khan, learned Counsel for the petitioner. Though the names of S/Sri R.A. Rizvi, H. Husain, S.A.A. Rizvi, Saiyyed Afzal A Siddiqui, and V.K.Dwivedi have been printed in the cause list as counsel for the opposite parties, yet none responds for them to press this petition.
(2.) Counsel for the petitioner submits that a Waqf was created by Mussammat Mehdi Begum which was registered with the Shia Central Waqf Board as Waqf No.I-980. It is said that in furtherance of enhancing the income of the Waqf, a decision was taken by the erstwhile Mutawalli to lease out the property of Khasra No. 26/1, 26/2, 26/3, 26/4, 28, 29 and 551 to 558 situated in Mohalla Mehdiganj, Tikaitrai Talab, Lucknow and the same was given to Anand Swarup Gupta, who is the father of the petitioner. It is said that lease was granted to his father for a period of ten years on an yearly rent of Rs. 400/-. Before expiry of the aforesaid period, father of the petitioner gave an application to the then Mutawalli, namely, Sri Sheedi Karrar Hussain for the grant of lease of the aforesaid plots for a period of 99 years on an yearly rent of Rs. 1,200/- for 33 years, thereafter, at the rate of Rs. 1,500/- for next 33 years and for the last 33 years, at the rate of Rs. 1,800/-.
(3.) According to petitioner, this application was forwarded to Shia Central Waqf Board by the Mutawalli for the grant of lease and the then Controller, who was exercising the powers of the Board, accorded approval for the grant of lease for a period of 99 years to the petitioner. The decision of the Board was communicated by the then Secretary to the Mutawalli vide letter dated 18.3.1972. Consequently, the then Mutawalli executed a registered lease deed in favour of the petitioner with respect to the plots, referred to above.;