Honble CHAUHAN, J.–The dedication of a property to the almighty God-the creation of a wakf-has triggered off legal disputes amongst the mortals and an institution. The appellant, the Aligarh Muslim University, has challenged the Judgment dated 7.4.1988 passed by a learned Single Judge of this Court, whereby the learned Single Judge had quashed and set aside the Judgment and decree dated 8.2.1978 passed by the Additional District Judge, Ajmer, wherein the learned trial Court had decreed the suit in favour of the appellant.

(2). This case has a convoluted history: one Hakim Nizamuddin (henceforth to be referred to as `Hakim Sahab, for short), an experienced physician and a devout Muslim, owned a three-shoried building in Gali Langar Khana, opposite the Dargah Sharif at Ajmer. The building including not only shops, but also three libraries, which housed costly books and a ``dawa khana (clinic) of the Hakim Sahab. Being a religious man, on 6.7.1942. Hakim Sahib executed a ``wakf alal-aulad (family wakf) (Ex. 4) with regard to the three-storied house (henceforth to be referred to as `the suit property, for short). For the sake of clarity, this Wakfnama shall be referred to as `the 1942 W

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