JUDGMENT

Altamas Kabir, J.—This appeal is directed against the judgment and order dated 13th October, 1998 passed by the High Court of Judicature at Allahabad, Lucknow Bench, dismissing the Writ Petition, being No. 4272/1983, filed by the appellant herein.

2. The admitted case of the parties is that one Mirza Mohammed Haider created a wakf of his entire properties, including the property in question, in 1926 and appointed his son Piarey Mirza as the Mutwalli thereof. The said wakf was registered under Section 38 of the U.P. Muslim Wakfs Act, 1936, (for short ‘the 1936 Act’ ) which is para materia with Section 29 of the U.P.Muslim Wakfs Act, l960 (for short ‘the 1960 Act’). In view of Section 5 (1) of the 1936 Act, a notification was issued in the Uttar Pradesh Gazette of 23rd January, 1954 as per the report of the Commissioner of Wakfs, U.P. The wakf and its properties are duly registered in the register maintained by the Board of Wakfs.

3. Subsequently, in 1958, the Wakif (creator of the wakf) filed a suit against the Mutwalli for a declaration that the properties in question did not constitute a wakf. Significantly, the Board of Wakfs was not made a party to the suit and th