S.H.A.RAZA, J. - (1.) The dispute pertains to appointment of Mutwalli in a waqf Allal Aulad No.7A of district Rae Bareli. One Mohd. Ishaq Ali was the last Mutwalli of the said waqf. He died on 30-3-1978. The petitioner Abdul Saeed Khan claiming himself to be a son of late Mohd. Ishaq Ali born from Mst. Habia Begum, staked his claim for the Tauliyat-ship of the said waqf. Another person namely Imtiyaz Khan born from Mst. Shamshun Nisa, who was the daugher of Mst. Raj Kunwar alias Noor Jahan alleged to be the wife of Mohd. lshaq Khan also stated his claim for the Tauliyat-ship. Two brothers namely Tasewwar Khan and Iqbal Khan have surrendered their rights in favour of Imtiaz Ali Khan for the Tauliyatship of the said waqf. Abdul Saeed Khan disputed the claim of Imtiaz Ali Khan on the ground that Mst. Raj Kunwar was not the legally wedded wife of Mohd. Ishaq but she was only a concubine. According to Abdul Saeed Khan, Shamsun Nisa was not the daughter of Mohd. Ishaq and, therefore, Imtiaz Ali Khan had no right to be appointed as Mutwalli of the Waqf in question. Abdul Saeed Khan Mutawalli of the waqf in question. Abdul Saeed Khan alleged that Shamsun Nissa was the daughter of somebody else and had come with Raj Kumar Kunwar when she started living with Mohd. Ishaq Khan. Question as to who shall have preferential right for the Taullyat-ship of the waqf in question was considered by the Committee appointed by the Board, wherein main dispute was, as to whether Mst. Raj Kunwar was the wife of Mohd. Ishaq or not and whether Shamsun Nisa was the daughter of Mohd. Ishaq Khan or not. Legal Committee of the respondent 1 found itself in agreement with the stand of the counsel of Imtiaz Khan that Mst. Raj Kunwar alias Noor Jahan was the wife of Mohd. Ishaq Khan and Mst. Shamshun Nisa was the daughter of Mohd. Ishaq Khan. While doing so, the legal committee also considered the judgment passed in regular suit No.128 of 1964, wherein the trial Court had recorded the finding on the point of controversy that Smt. Shamshunnisa was the daugher of Mst. Raj Kunwar born from the wed-lock of Mohd. Ishaq Khan. Against the said judgment an appeal was preferred by Mohd. Ishaq Khan, which was dismissed.
(2.) Sri Arif Mohd. Khan, counsel appearing for the petitioner laid great emphasis that the alleged decision of the legal committee constituted by the Board, was only in the nature of a report or recommendation, as no positive order was passed in favour of Imtiaz Khan for his appointment as Mutwalli, but the Secretary, U.P. Muslim Waqf has wrongly issued the deed of Tauliyat in favour of Sri Imtiaz Khan.
(3.) We have very minutely scrutinized the decision of the said committee, wherein it was indicated that claimant No.2 Abdul Saeed Khan will have no preferential claim or right over claimant real, Imtiaz Ali Khan. No other point was pressed before the Committee and in the opinion of the legal committee, Imtiaz Ali Khan was held to be entitled for his appointment as Mutwalli in the said waqf. In pursuance of the aforesaid order, the secretary of the Board has issued the Sanad Tauliyat.;