( 1 ) THE plaintiff-appellant filed Suit No. 636 of 1992 before Civil Judge, Muzaffarnagar, alleging that waqf in respect of mosque Hauz Wali and other lands described in paragraph 2 of the plaint and the disputed land was created orally. The waqf is entered in relevant records under the U. P. Muslim Waqfs Act. 1936. By a subsequent amendment, it was also stated that the waqf is also registered under the U. P. Muslim Waqfs Act, 1960 (hereinafter referred to as the Act ). Further allegations are that Maulana Mohd. Irfan was appointed Mutawalli and Manager of the waqf property and is thus authorised to file the suit on behalf of the plaintiff-appellant. Certain people, namely, Akbar, Udai Ram and others had made unauthorised possession over part of the above property prior to 1883. Suit No. 841 of 1883 was filed in the Court of Munsif Deoband, district saharanpur. During the pendency of the suit, a commission was issued and map as contained in schedule A of the plaint was prepared by the Commissioner relating to the waqf properties. The suit was decided in favour of the plaintiff on 12th June, 1884. However, defendant Udai Ram continued to be in possession of the dispu