S.D.Agarwal, J. - (1.) THIS is a revision under Section 76 of U.P. Muslims Waqfs Act, 1960, (hereinafter referred to as the Act), The facts giving rise to this revision are as follows: - - The dispute relates to a portion of plot No. 3154, area 0.06 acre, portion of plot No. 3155, area 0.06 acre and a portion of plot No. 3156, area 0.12 acre situate at Mahalla Nai Basti, Ward Nai Basti. Jhansi. On 30th of October, 1972, one Rahmat Ullah filed an application before the waqfs Board constituted under the Act for registration of the waqf at the office of the Board. In this application it was stated that the land covered by plots No. 3154, 3155, and 3156 constitute waqf, Karbala, Masjid, Imambara, and Kabristan etc. Nai Basti, Jhansi. By an order dated 14.11.1972 the Waqfs Board after necessary inspection came to the conclusion that the land covered by the above -mentioned plots did constitute a waqf and as such the application moved by Rahmat Ullah was accepted by the Board and the waqf was directed to be registered and Rahmat Ullah was appointed a Mutwalli for a period of three years. On 21.11.1972 Rahmat Ullah moved an application under Section 57A of the Act for recovery of a portion of the waqf property from the unauthorised occupants. On 19.2.1973 the Waqf Board issued notices to Magan Nath Misra, Kishori Lal and Babu Lal stating therein that they were in unauthorised occupation of the land belonging to the waqf and asked to show cause why possession be not taken from them. These notices were issued under Rule 9 of the U.P. Muslim Waqf (Recovery of Waqfs properties) Rule as 1970.
(2.) NOTICES under Rule 9 of the Rules mentioned above were served on the three applicants before this Court, namely, Magan Nath Misra. Babu Lal Yadav, and Kishori Lal Misra. They filed replies to the said notices and contested the matter before the Waqf Board. Their case was that they were not in unauthorised possession of the property and the property in dispute, in fact, was their personal property which they acquired in their own rights. The Waqfs Board after considering the entire evidence on record by a detailed order dated 2.8.1975 held that, in fact, the applicants were in unauthorised occupation of the property of the waqf, rejected their objections and further directed that the requisition may be sent to the Collector within whose jurisdiction the property is situate to obtain and deliver possession of the property to the waqf. Before the requisition was sent to the Collector and before the Collector could pass an order directing the applicants to hand over possession as required under Section 49B(2) of the Act, an application under Section 33(2) of the Act was moved on 30th October, 1975 before the Tribunal constituted under the Act, namely, the Court of District Judge, Jhansi. This application was moved by Magan Nath Misra, Babu Lal Yadav, Kishori Lal Misra and Ayodhya Prasad and the application was filed in a representative capacity for the benefit of several persons having common interest in the disputed property. It was alleged in this application that the properly indicated did not belong to any waqf and that upon the property in dispute there is a Mandir, deity and other structures attributed and connected to Hindus and the people of the locality. In this application the relief was sought that the order dated 2.8.1975 passed by the Waqfs Board be set aside and that it be declared that the property in dispute did not belong to the waqf and the same belongs to Hindus' temple and deity.
(3.) THIS application was contested by the opposite party waqf on merits. Their case was that the property in dispute was a waqf property and that the applicants were mere trespassers. A specific plea was taken that the application was not legally maintainable under Section 33 of the Act and as such the Court of the District Judge which acted as the Tribunal under the Act, did not have jurisdiction to entertain or to hear the application.;