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2007 Supreme(All) 2682

DILIP GUPTA
NARGIS JAMAL – Appellant
Versus
U. P. SUNNI CENTRAL BOARD OF WAQFS – Respondent


Advocates:
Counsel :
M.A. Qadeer for the Revisionist; S.G. Hasnain, and Fahim Ahmad for the Opposite parties.

JUDGMENT

Hon’ble Dilip Gupta, J.—This Civil Revision, which has been filed under Section 83 (9) of the Wakf Act, 1995 (hereinafter referred to as the ‘’Act’), seeks the quashing of the order dated 10th May, 1999 passed by the Tribunal constituted under Section 83(1) of the Act by which the Appeal filed by the applicants under Section 52 (4) of the Act against the order dated 21st December, 1998 passed by the Collector Kanpur under Section 52(2) of the Act was dismissed.

2. The dispute in the present Revision relates to the ground floor of House No. 42/104, Makhania Bazar Kanpur, (hereinafter referred to as the disputed house) which belonged to Mohd. Saghir. In order to appreciate the controversy it would be useful to refer to the pedigree of Mohd. Saghir which is reproduced below :

Mohd. Saghir (died in 1988)

Quresha Begum Amina Begum

(Wife No. 1) (Wife No. 2)

Mahfoozur Rehman Amina Begum Farzana Parveen

Mohd. Farooq (husband Masood Alam)

(Husband)

Farhan Elahi

(Son)

The Rent Control and Eviction Officer had allotted the disputed house in favour of Sri Nooruddin (applicant No. 2) by the order dated 31st July, 1975 and ever since the








































































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