B. K. ROY, SUDHIR NARAIN, JJ.

( 1 ) THESE two appeals are being disposed of by this command Judgment as they arise out of an order dated 29. 5. 1998 passed by a learned single Judge allowing Misc. Application No. 27690 of 1997 filed by Suresh Kumar Vadav, respondent No. 5 of Civil Misc. Writ Petition No. 5831 of 1995, M/s. Sundar Das Daulat Ram and Sons (P.) Ltd. and another v. District Magistrate, bareilly and others, for restitution of the property of Imperial Cinema building situate at College road, Bareilly. The reference in these appeals as to the appellant and the respondents shall be with reference to Special Appeal No. 425 of 1998.

( 2 ) THE facts : the facts giving rise to these appeals are that Waqf Alal Aulad, respondent No. 3. is owner of the land. Smt. Irshad Jahan Begum, (respondent No. 4) acting as Mutwalli, executed an agreement to lease of the land in question on 20th May, 1950 in favour of Sri Om Prakash Gupta for the purpose of constructing a cinema building and for running cinema theatre. The lease deed provided that the lessee can also make constructions other than cinema building like shops, etc. He was the Managing Director of petitioner No. 1. Pursuant to th

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