M.P. Mehrotra, J. - (1.) THIS revision has been preferred against the award if the Tribunal constituted under the U.P. Muslim Waqfs Act, 1960 (hereinafter referred to as the 'said Act'). Section 76 of the said Act lays down as under: 76. Award not appealable - The award of a Tribunal shall be final and conclusive and binding upon the parties concerned and the award shall nave the force of decree and it shall neither be questioned nor appealed against in any court of law; Provided that the High Court may, in its discretion, at any time suo mom or on the application of the Board or of any person aggrieved, call for and examine the record of any case for the purpose of satisfying itself as to the correctness, legality or propriety of any award made under this Act and pass such orders as it deems fit.
(2.) THE brief facts are these. The applicants in the revision moved a petition under Section 8 of the said Act in the court of the District Judge, Muzaffarnagar who was acting as the Tribunal constituted under the said Act. The following reliei's were sought in the petition: It is prayed that the waqf known as Waqf Masjid Bibi Jhabbo constituting Masjid, well and trees land situated in plot No. 447 area 3 bigha 18 biswas Pukhta according to settlement of 1325 Fasli and situate in plot No. 268 according to Chakbandi of the village Morns and other property subsequent acquired two and two houses be declared as a Shia Waqf.
(3.) THE claim was set up on the ground that Smt. Jabbo, daughter of Nawab Saadat Ali, was a Shia in the reign of King Mohammad Shah and in 1725 A.D. she created this Waqf. According to the directions of the Waqf, the Mutwalli was to be from amongst the male descendants of Nawab Saadat Ali and Manzoor Hasan son of Mohammad Ahuzaffar had been the last Mutwalli for the last 30 years. The Petitioners claimed that they were also some of the descendants of Nawab Saadat Ali and were Shias and were thus interested in the waqf in question and were entitled to maintain the petition. It was further alleged that the opposite parties Nos. 1 to 14 were Sunnis and they sought to interfere in the management of the waqf. They constructed a School in the land appurtenant to the mosque. A report was lodged regarding the said construction by Manzoor Husain as the Mutwalli of the Waqf. The dispute was, however, compromised between the two sects of Shias and Sunnis. In December, 1965, a few months before the petition was preferred, the said opposite parties again began to create trouble. Paragraph 11 of the petition is relevant and reads as under: 11. That now again the opposite parties 1 to 14 began to create troubles. In December, 1965, they represented that they have got the Waqf entered as a Sunnis Waqf in the Sunnis Waqf Board though there had not yet been any proceedings or notification in the official Gazette Under Section 6 of U.P. Act 16 of 1960. They have no right to do so. It is not a Sunni Waqf and for the reasons it has become necessary that this point be decided.;