V.G. Oak, J. - (1.) This petition for the issue of a writ in the nature of prohibition arises out of a suit brought by respondents Nos. 1 and 2 for the removal of the petitioners from the office of Mutwallis of a waqf.
(2.) Syed Wajid Husain, Ch. Sharif Ahmad and Munshi Abdul Rehman brought the suit against Haflz Zarif Husain, Molvi Mohammad Ayub and Sunni Central Waqf Board with these allegations Defendants Nos. 1 and 2 have been working as Mutwallis of a certain Sunni Waqf. There has been mismanagement. The plaintiffs approached Sunni Central Board of Waqfs for filing a suit against the Mutwallis. But the Sunni Central Board indicated sympathy with defendants Nos. 2 and 3. The plaintiffs therefore obtained sanction of the Advocate General. Notice was also given to the Sunni Central Board. The main relief in the plaintiff was for removal of defendants Nos. 1 to 3 from the Office of Mutwallis.
(3.) The claim was resisted by defendants Nos. 1 and 2. They raised three preliminary objections. The first objection was that the suit under Sec. 92, C.P.C. was not maintainable, in view of the provisions of U.P. Muslim Waqfs Act (No. XIII of 1936). The second contention was that, the suit was not maintainable, as there were no proper allegations against the Sunni Central Board. The third contention was that, in view of U.P. Act No. 16 of 1960, the Court has no jurisdiction to entertain the suit. All the three preliminary objections were overruled by the learned Additional District Judge of Saharanpur by his order dated 14-7-61. He decided to proceed with the suit. This writ petition is directed against the order of respondent No. 4 dated 14-7-1961.;