K.C. AGARWAL, J. :- The present Misc. Application No. 1 of 1963 has been filed under Section 76 of U.P. Muslim Waqf Act 1960 (hereinafter referred to as the Act). The proviso to the aforesaid section gives power to the High Court to call for and examine the record of any case for the purpose of satisfying itself as to the correctness, legality or propriety of any award made under the Act.

2. Waqf No. 388, known as 'Waqf Altaf Husain, Varanasi City' is a public waqf and had been published as such in U.P. Gazette dated 23rd January, 1954 by the C. R. Central Board of Waqfs, Uttar Pradesh, Lucknow. The aforesaid waqf comprises of an imambara with a big hall, a room, mosque and a vacant piece of land, situated in mohalla Sarai Shitab Rai, Mutalliqa Roshan Katra, Varanasi. An application under Section 63(5) of the Act was filed by the applicants for possession of the waqf properties detailed above on the ground that the Shia Central Board (hereinafter referred to as the Board) had appointed a committee of management consisting of the applicants as mutwallis, and as the possession of the opposite parties was unauthorised and illegal the applicants were entitled to obtain possessi