S.D.Agarwala, J. - (1.) THIS first appeal has been filed against the judgment of the Civil Judge, Pilibhit, dated 2 -6 -1976 in suit No. 91 of 1963. The issue No. 5 was framed in the suit as follows: - - Whether the suit is barred by Section 92, C.P.C. and Section 64 of the U.P. Muslim Waqfs Act; 1960 as alleged in the written statement paragraph 3? The Civil Judge has come to the conclusion that since the plaintiffs have not obtained the consent in writing of the Board the suit is barred by Section 64 of the U.P. Muslim Waqfs Act, 1960 (U.P. Act 16 of 1960) hereinafter referred to as 'the Act'.
(2.) LEARNED counsel for the appellants has contended that the suit related to a private waqf and as such the view taken by the Civil Judge that the suit is barred by Section 64 of the Act is a view manifestly erroneous. Learned counsel for the respondents has urged that Section 64 of the Act applies both to public and private waqfs and as such the suit is clearly barred by Section 64 of the Act. Section 64 of the Act which is relevant for the decision of this appeal is quoted below: - - 64(1) A suit to obtain any of the reliefs mentioned in Section 14 of the Religious Endowments Act, 1963, (Act XX of 1963) and in Section 92 of the Code of Civil Procedure, 1908 (Act V of 1908) relating to any waqf may notwithstanding anything to the contrary contained in those Acts, be instituted by the Board without obtaining the leave or consent referred to in those Acts. (2) No suit to obtain any of the reliefs referred to in sub -section (1) relating to a waqf shall be instituted by any person or authority other than the Board without the consent in writing of the Board (and where the Board has given such consent it shall not be necessary further to obtain the leave or consent referred to in the said Acts.
(3.) FROM the reading of the above section it is clear that if reliefs are sought in relation to any waqf as provided in Section 14 of the Religious Endowments Act, 1983, and Section 92 of the Code of Civil Procedure, then such a suit can either be filed by the Board or if any person or authority other than the Board, wants to file a suit then the consent in writing of the Board has to be obtained before filing the suit.;