D.P.MOHAPATRA, S.RAJENDRA BABU
U. P. Sunni Central Board Of Wakfs – Appellant
Versus
Mazhar Hasan – Respondent
JUDGMENT
Rajendra Babu, J.-On the registration of certain properties as wakf a reference was made by the respondents under Section 29(8) and Section 33 of the Uttar Pradesh Muslim Wakfs Act, 1960 [hereinafter referred to as the Act ] for cancellation of registration. The property in question is stated to be a Muslim Musafirkhana situate in Kazipura, City Bahraich, consisting of 24 rooms, one court-yard, verandah, open land, passage, four shops, office room and some portion under construction indicated in the plaint and there exists within that accommodation a Mosque but that had not been included in the plaint. The case put forth by the respondents is that the property in question was owned by a Society of which the respondents have been office bearers; that they have been in possession of the suit property; that they purchased the said land, on which the accommodation exists, on October 18, 1966 for a sum of Rs. 6,100/- from two ladies and thereafter got the Musafirkhana constructed on that land; that the provisions of Sections 29 to 33 of the Act did not apply and so the registration of property in dispute as wakf had been illegal, null and void. The reference was resisted by th
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