- (1.) JUDGEMENT This is a petition under Article 226 of the Constitution and is directed against a notice dated 27th July 1962 sent to the petitioner by the Secretary of the U.P. Sunni Central Board of Waqf under Section 55 of the U.P. Muslim Waqfs Act, 1960 (hereinafter called the Act). This petition is connected with civil Revision No. 99 of 1962 filed by the petitioner. The petition and the application in revision were argued separately by the learned counsel for the parties and I am, therefore, passing separate orders in respect of them.
(2.) THE facts of the petition, in order, as contained in the petition, are that plot No. 147, house No. 143 and plot No. 148 situated in mohalla Khuldabad, Allahabad originally belonged to Sri Rahim Bux, grand-father of the petitioner. Rahim Bux died in 1913 and left a son Haflz Mohd. Saleem who became the owner of the properties in dispute. On plot No. 149 there is a mosque built by Sri Rahim Bux who had nominated the petitioner as mutwalli thereof. According to the petitioner the shops and the kothris standing on plot No. 148/129 were constructed by the petitioners father, Hafiz Mohd. Saleem and by Rahim Bux and now the petitioner is the exclusive owner of those properties. On plot No. 146/127 is the residential house or the petitioner which was partly built by the petitioners father and partly by the petitioner. Plot No. 147/123 lies opposite to the petitioners residential house and is an open piece of land on which the petitioner has built temporary sheds and has let them out to tenants. The petitioner claims to be the exclusive owner of all these properties except the mosque. House No. 148 comprises of several shops which have been let out to a number of tenants. Two of these shops were let out to one Subhan Bux and two other shops were let out to one Bashir Ahmad. All the tenants including Subhan Bux and Bashir Ahmad regularly paid rent to the petitioner but in 1951 there was a dispute between the petitioner and Subhan Bux regarding the repairs of the house. The petitioner served a notice on Subhan Bux for arrears of rent and his ejectment from the shops. The petitioner also served a notice on Bashir Ahmad who did not pay any rent since 1956. The petitioner filed a suit (suit No. 134 of 1957) for recovery of arrears of rent and ejectment against Bashir Ahmad. The suit was decree on 9th April 1958. The judgment and decree of the trial court were upheld in appeal by the first appellate court and thereupon Sri Bashir Ahmad filed a second appeal in this Court (second appeal No. 533 of 1960, which is still pending. The petitioner filed two other suits (suits Nos. 921 and 922 of 1958) against Subhan Bux for recovery of arrears of rent and for his ejectment. The suits are still pending.
(3.) IT is alleged in the petition that on account of these disputes between the petitioner and the two tenants they made false representations to the U.P. Sunni Central Board of Waqfs (hereinafter called the Board) and got a letter dated 27th November 1956 sent to the petitioner by the Board in which the petitioner was treated as a tenant and in which it was stated that a committee of management was appointed for the waqf Rahim Bux jamadar under Section 50 of the U.P. Muslim Waqf Act (Act No. 13 of 1936) (hereinafter called the Act of 1936) and that one Qadir Ahmad was appointed secretary of the said waqf and he alone was entitled to realise rent of the properties belonging to the waqf. The petitioner replied to the notice dated 27th November 1956 through a counsel, in which it was denied that the petitioner was a tenant of the waqf Rahim Bux. It was also denied that Rahim Bux was the waqf of any property. It was also asserted in the reply that the properties in dispute"have never been subject-matter of any waqf nor the Board has any connection therewith.";