Dilip Gupta, J. - (1.) This Civil Revision, which has been filed under Section 83 (9) of the Wakf Act, 1995 (hereinafter referred to as the ''Act'), seeks the quashing of the order dated 10th May, 1999 passed by the Tribunal constituted under Section 83(1) of the Act by which the Appeal filed by the applicants under Section 52 (4) of the Act against the order dated 21st December, 1998 passed by the Collector Kanpur under Section 52(2) of the Act was dismissed.
(2.) The dispute in the present Revision relates to the ground floor of House No. 42/104, Makhania Bazar Kanpur, (hereinafter referred to as the disputed house) which belonged to Mohd. Saghir. In order to appreciate the controversy it would be useful to refer to the pedigree of Mohd. Saghir which is reproduced below:- The Rent Control and Eviction Officer had allotted the disputed house in favour of Sri Nooruddin (applicant No. 2) by the order dated 31st July, 1975 and ever since then he is living in the disputed house along with his wife Smt. Nargis Jamal (applicant No. 1). It is said that Mohd. Farooq (father of Farhan Elahi) opposite party No. 3 filed an application in 1988 under Section 29 of the U.P. Muslims Waqf Act, 1960 (hereinafter referred to as the ''1960 Act') for registration of the Waqf deed dated 21st March, 1988 alleged to have been executed by Mohd. Saghir and by an order dated 25th June, 1988 the Waqf Board registered the property in dispute as Waqf No. 44-A in the Waqf register. Mohd. Saghir died on 11th October, 1988. He had two wives Quresha Begum and Amina Begum. Quresha Begum had pre-deceased Mohd. Saghir. On 24th April, 1992 Farzana Parveen, daughter of the second wife Amina Begum executed a registered sale deed in favour of applicant No. 1 Smt. Nargis Jamal for transferring her share in the house in dispute. Subsequently various suits were filed between the parties. Original Suit No. 1015 of 1992 was filed by Mahfoozur Rehman (son of the first wife Quresha Begum) for partition of his share and applicant No. 1 Smt. Nargis Jamal was arrayed as defendant No. 1. Original Suit No. 1302 of 1992 was filed by Amina Begum (daughter of the first wife Quresha Begum) for cancellation of the sale deed dated 24th April, 1992 executed by Smt. Farzana Parveen in favour of Smt. Nargis Jamal. Original Suit No. 1574 of 1993 was filed by Farhan Elahi against the applicants for permanent injunction to restrain them from handing over the possession of the house in dispute to any other person as the defendants (applicants) had threatened to handover the possession to some other person. A Complaint Case No. 4807 of 1992 was also filed by Amina Begum daughter of the first wife Quresha Begum against Farzana Parveen and her husband Masood Alam under Sections 420, 423, and 504 of the Indian Penal Code with the allegations that Mohd. Saghir was the owner of the property in dispute and after his death, Farzana Parveen and her husband entered into an agreement for transferring their share in the house in dispute in her favour on 15th April, 1992 and had also received the earnest money but they have not transferred the same and have fraudulently misappropriated the consideration.
(3.) The dispute in the present Revision, however, arises from the application dated 19th May, 1993 filed by Farhan Elahi before the Secretary of the Waqf Board under Section 49(B) of the 1960 Act for recovery of the Waqf property (disputed house) which was stated to have been transferred in contravention of the provisions of Section 49(A) of the 1960 Act. It was alleged that the sale deed dated 24th April, 1992 had been executed by Farzana Parveen in favour of Smt. Nargis Jamal in contravention of the provisions of Section 49-A of the 1960 Act as it could not have been executed without the previous sanction of the Board and, therefore, it was prayed that the Board may send a requisition to the Collector for delivery of possession of the property to the Board. On the basis of the aforesaid application, the Controller of the Board sent a requisition to the Collector on 29th January, 1994 and the Collector thereafter passed an order on 21st December, 1998 under Section 52 (2) of the Act directing Smt. Nargis Jamal to deliver possession of the property sold to Farhan Elahi on behalf of the Board.;