IMPORTANT POINT
The reference made to Tribunal under Section 8(1) U.P. Muslim Wakf Act, 1960 in the absence of a publication of the list of Wakfs by the Commissioner under Section 6(4) of the Act is maintainable and the limitation prescribed in the proviso to Section 8(1) of the Act has no application in the case.

Headnote:(i) Uttar Pradesh Muslim Wakfs Act, 1960-Section 8(1) proviso r/w Section 6(4)-Dispute as to whether a particular wakf is a Shia Wakf or Sunni Wakf-Reference of dispute for adjudication to the Tribunal-Limitation of one year from the date of the publication of the list of wakfs under Section 6(4)-Dispute arising-No such list published-Whether limitation will apply? (No).
       Held : It is pertinent to note here that in the present case no list of Wakfs has been published by the Commissioner under Section 6(4). Therefore, the limitation prescribed in the proviso to sub-section (1) of Section 8 has no application in the case. (Para 15)
       (ii) Uttar Pradesh Muslim Wakfs Act, 1960-Section 8(1) r/w 6(4)-Reference of dispute whether particular wakf is Shia Wakf or Sunni Wakf Tribunal under Section 8(1)-No publication of list of Wakfs by Commissioner under Section 6(4)-Whether such a reference is maintainable? (Yes)-Question of limitation does not apply-1975 A.W.N. 462 overruled.
       Held : In the present case as noted earlier, both the sects of Muslims in the locality have claimed the mosque its sehan and the Imam Chowk as Wakf belonging to their sect and registration of the properties accordingly. It is not disputed that a dispute of this nature comes within the purview of sub-section (1) of Section (8) of the Act. In the circumstances of the case the contentions raised by Shri Gupta against maintainability of the reference made to the Tribunal under Section 8(1) of the Act on the ground that such a reference does not lie in the absence of a publication of the list of Wakfs by the Commissioner or that the reference is barred by limitation cannot be accepted. (Para 16)
       (iii) Uttar Pradesh Muslim Wakf Act, 1960-Section 29(7)(8)-Board under Section 29(7) deciding wakf property to be a Sunni Wakf-Shia sect coming to know of this in criminal proceeding under Section 145 Cr.P.C.-Within 90 days Shia sect filed dispute before Tribunal-The Tribunal allowed the claim in part-Both sects were given parts of the property-Both sects filed revisions in High Court-Revision of Shia Wakf Board dismissed but that of Sunni Wakf Board allowed and case remanded to resolve about Imam Chowk portion after fresh trial in light of High Court s observations in the judgment-Whether correct? (Yes)-Appeals dismissed.
       Held : Coming to sub-section (8) of Section 29 the provision in our view vests an independent right in a person aggrieved by an order of the Board under sub-section (7) to make an application to refer the dispute to the Tribunal. Such application is to be made within 90 days from the date of the order by which the applicant feels aggrieved. In this regard the case of the respondents that they came to know about the registration of the mosque its sehan and the Imam Chowk by the Sunni Wakf Board in course of a proceeding under Section 145 Cr.P.C. and within 90 days thereafter they filed a dispute before the Tribunal has been accepted by the Tribunal and confirmed by the High Court. There is little scope to disturb the findings of fact in these appeals. Therefore, the contention of Shri Gupta that the dispute raised before the Tribunal under Section 29(8) of the Act was barred by limitation also cannot be accepted. No other contention was raised on behalf of the appellant. In the result the appeals are dismissed but in the circumstances of the case without any order as to costs. (Paras 17 and 18)

JUDGMENT

D.P. Mohapatra, J.-These appeals filed by the U.P. Shia Central Board of Wakf through its Secretary (for short the Shia Wakf Board ) and some other persons of the sect by special leave are directed against the order passed by the Allahabad High Court on 2nd September, 1994 disposing of two Revision Petitions, C.R.No. 284/92 filed by the U.P. Sunni Central Board of Wakf (for short the Sunni Wakf Board ) through its Secretary and some other persons of the sect and Civil Revision No. 255/92 filed by the Shia Wakf Board) and some other persons of the sect.

2. The dispute raised in the case relates to the mosque, Ahnaf Bar Taley Pura Chhanga Kiyari Tola, Maunath Bhanjan and its Sehan and the Imam Chowk, registered as a Wakf by the U.P. Shia Central Board of Wakf. Aggrieved by the said registration the Sunni Board through its Secretary made a reference to the Muslim Wakf Tribunal, Azamgarh which was registered as suit No. 154/88. The Controller Shia Central Board of Wakf and two others were cited as defendants in the proceeding. The prayer in the plaint was for an award declaring the property in the suit to be a Shia Wakf property and not a Sunni Wakf property and to declare its registration as null and void, and further to restrain defendants from interfering with or disturbing in any manner with possession, administration, management and control over the property by the plaintiffs.

3. The gist of the case pleaded by the plaintiff is that the mosque and its sehan including the Imam Chowk was constructed by the ancestors of Late Abdul Salam with efforts of his grand father Md. Azal Bilal. The grave of Md. Azal Bilal lies within the compound of the mosque. The mosque including sehan and Imam Chowk have always remained under control and management of the Sunni sect of Muslims. Members of the said sect had always called Azan in the said mosque and the congregation prayer have been led by Sunni Pesh-e-Imam. Sunni Muslims have been attending the congregation in the mosque and the sehan. Members of the sect have been looking after the maintenance of the mosque and its properties. On the application made by Members of the Sunni sect of Muslims the Wakf Board after inquiry registered the mosque, its sehan and the Imam Chowk as Sunni Wakf in 1980.

4. When in May 1978 certain works of reconstruction and additions in the mosque were being carried on by the Sunni Muslims of the locality including the plaintiff No. 2, some Shia muslims of the same locality including defendant No.3 tried to stop the work by filing suit No. 246/78 (Zia Ul Hasan v. Md. Ayub and Ors.) in the Court of Munsif Mohammadabad Gohna, District Azamgarh. The suit was subsequently withdrawn. The plaintiff alleged that the defendants surreptitiously got the mosque and its sehan registered in the office of the Shia Wakf Board behind the back of the plaintiffs. In the proceeding under Section 145 Cr. P.C. initiated in March, 1988 in the Court of the Sub-Divisional Magistrate No. 96/11 of 1988 it was disclosed that the mosque and its property have been registered as a Wakf under the Shia Wakf Board. On coming to know about the action of the defendants in the matter the plaintiffs filed the suit within 90 days from the date of knowledge about the order of registration dated 30th October, 1978.

5. The defendants refuted the claim of the plaintiffs that the mosque and its sehan and the Imam Chowk constituted a Sunni Wakf. They claimed that the mosque and its properties were Shia Wakf and were rightly registered as such by the Shia Wakf Board.

6. The Tribunal by its judgment dated 20th May, 1992 allowed the claim of the plaintiffs in part. The registration of the mosque in question along with its sehan by the Shia Wakf Board was declared to be null and void and accordingly set aside. In respect of the Imam Chowk and its sehan the registration was held to be valid. The relief of injunction was granted to the plaintiff only in respect of the management, supervision and control of

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