- (1.) Order dated 13.11.2013 passed in these writ peittions (on the order sheet of first writ petition) is quoted below : - "Heard Shri M.A. Khan, learned senior counsel assisted by Shri Mohd. Moiuddin Khan learned counsel for the petitioner in all the three writ petitions and Shri Farooq Ahmad, learned counsel for the Waqf Board. Shri Ishtiyaq Ahmad, learned counsel appearing for tenants opposite parties no. 2 and 3 did not appear even though the case was taken up in the revised list. Shri Farooq Ahmad learned counsel for respondent no. 4 U.P. Sunni Central Board of Waqf stated that he had also filed application for impleadment of present mutwalli Shri S.A. Husain. Judgment reserved."
(2.) Impleadment application in each case is allowed.
(3.) Petitioners claiming that they had purchased the property in dispute in each writ petition from Noor-Ul- Hasan, the Mutwalli of the waqf after a valid permission for sale granted by the U.P. Sunni Central Board of Waqf filed three suits for eviction against the tenants of each property, i.e., Muzaffar Ali O.P. No. 2 in the first Writ petition, Mohd. Usman O.P. No. 2 in the second writ petition and Aziz Hasan and Shabir Hasan O.P. No. 2 and 3 in the third writ petition. The properties in dispute are three adjoining shops. Each shop in tenancy occupation of the tenant O.Ps in each writ petition. The sale deed was executed on 23.7.1985 under the alleged permission by the Waqf Board dated 11.7.1983. The tenants were continuing in possession as tenants since before it was purchased by the petitioners.;