B.D.Agarwal, J. - (1.) This is plaintiffs' appeal.
(2.) The dispute is with respect to House No. 825. According to the case of the plaintiff, this house is comprised in Waqf property known as Masjid Takiya Wazir Shah, Agra. It is registered also with the U.P. Central Sunni Board of Waqfs. On June 29, 1954, Riyaz Uddin, one of the Mutawallis made a registered deed of sale in favour of Mohammad Hussain. Babu Khan was tenant in this house. The suit was brought seeking the relief of cancellation of the above mentioned deed of sale on the ground that this was unauthorised and also for possession and eviction of Babu Khan on the basis that he had denied the title of the landlord, namely, the waqf. Riyaz Uddin, Mohammad Hussain and Babu Khan are dead. Their legal representatives have been placed on the record. In defence it was contended that the property belonged to Riyaz Uddin personally and, therefore, he could legally make the sale as he did in favour of Mohammad Husain.
(3.) The trial Court took the view that the house, in dispute is part of the waqf property and this did not belong to Riyaz Uddin personally. The sale was, therefore, held to be incompetent and it was held also that Babu Khan, the tenant, had denied the title of landlord. The suit was decreed on these finding on September 16, 1970. The lower appellate court agreed with the trial court in its finding that there exists a waqf, as mentioned above. It found, however, that the house in dispute is not comprised in that waqf and on this basis it was held that the sale made by Riyaz Uddin was valid. The suit was, therefore, dismissed and the appeal allowed on May 23, 1972. Aggrieved, the plaintiff brought this Second Appeal.;