Rakesh Tiwari, J. - (1.) CASE has been taken up in the revised list. Heard Counsel for the petitioner and perused the record. Counsel for the respondents is not present. The petitioner has challenged the validity and correctness of impugned order dated 11.9.2001 passed by Additional District Judge, Court No. 8, Kanpur Nagar in S.C.C. Revision No. 148 of 1996 allowing the revision and setting aside the decree of the Trial Court in S.C.C. Suit No. 1358 of 1978 for eviction of the petitioner from the premises, in dispute.
(2.) THE facts of the case, as disclosed in the writ petition, are that the House No. 70 Fazalganj, Kanpur was formerly Hata No. 123/496 (renumbered as 123/496 -A) and presently bearing No. 123/902 belonged to Maula Bux and Mohd. Fazal. They by means of registered waqf deed dated 20.4.1921 bequeathed the disputed property together with appurtenant land in favour of waqf. A portion of the said property was acquired by the State and in lieu thereof piece of another land was given to them hence another registered waqf deed dated 22.4.1937 was executed. This property was numbered as 59 and 60 and the present building is standing thereon. It is claimed that the said waqf was also got registered with the U.P. Sunni Central Board of Waqfs, Lucknow as Waqf No. 1144/8 to 11 Ex. II Cir (new 6474/8 to 11).
(3.) IT is alleged that at the relevant time one Haji Tahir Hussain was appointed as Mutawalli of waqf but as he acted against the interest of waqf by selling the waqf property, he was removed from the officer vide order dated 29.3.1978 and a committee was appointed by the Waqf Board's order 2.6.1978 for managing the waqf through Sri Abdul Samad as its Secretary.;