- (1.) HEARD learned Counsel for the parties.
(2.) THE point involved in this writ petition is as to whether jane Alam respondent No. 3 is son of Akhlaq Husain or not. Wakf deed in respect of property in dispute was executed by Sadiq and his wife Hanifa in March, 1917 (Hindi transliteration of Wakf deed is Annexure CA-18 ). Syed Sadiq Husain had four sons and two daughters including Masud Husain and Akhlaq Husain. Petitioner Arif Husain is grand-son of Masud. Jane Alam claims to be son of Akhlaq Husain. However, petitioner denies this fact. According to the petitioner, Jane Alam is son of wife of Akhlaq Husain from her previous husband. U. P. Sunni Central Board of Wakf, through order dated 18. 1. 1989, held that Jane Alam was not son of Akhlaq Husain. Through the said order, requisition was sent to the Collector for eviction of Akhlaq Husain under section 57-A read with section 49-B of U. P. Muslims Wakf Act, 1960 (since repealed by Wakf Act, 1995 ). Against the order of Collector in pursuance of requisition of the Wakf Board dated 18. 1. 1989, respondent No. 3 filed appeal under section 49-B (4) of the aforesaid Act. Respondent No. 1-A. D. J. /special Judge, E. C. Act, Etawah allowed the appeal (Misc. Wakf Appeal No. 50 of 1989) through the judgment and order dated 9. 2. 1993. This writ petition is directed against the said order. The A. D. J. mainly allowed the appeal on the ground that in original Suit No. 243 of 1981, Akhlaq Husain accepted Jane Alam to be his son and under Muslim Law, such acceptance was sufficient to prove the relationship of father and son. Akhlaq Husain died in 1983. At the time of his death, he was recognized as Mutwalli. After his death, petitioner was appointed as Mutwalli of the Wakf in question in 1984. Respondent No. 3 Jane Alam applied for his appointment as Mutwalli in 1986. Jane Alam-respondent No. 3 is in possession of the house which is Wakf property. Through order dated 18. 1. 1989, Wakf Board directed his eviction.
(3.) LEARNED Counsel for the petitioner has placed reliance upon several documents filed along with writ petition including copy of Khatauni of 1366 to 1370 Fasli (Annexure-VIII to the writ petition), wherein name of Razaq Ali, one of the co-sharers, who had died, had been removed and at his place, the name of his son Jane Alam-respondent No. 3 was recorded in the revenue records. On behalf of the petitioner, supplementary-rejoinder affidavit dated 9. 11. 2006 has been filed. Learned Counsel for the petitioner has placed reliance upon SA-2 annexed along with the said rejoinder affidavit. It is a communication by Akhlaq Husain dated 7. 9. 1963 to the Wakf Board. In the said communication, it was mentioned that Akhlaq Husain should be appointed as Mutwalli.;