Sudhir Narain, J.

1. THIS Special Appeal is directed against the order of a learned Single Judge dated 28th August, 1993 whereby he stayed the operation of the order dated 28th July. 1993 passed by Deputy Registrar, Firms, Societies and Chits, U. P., Meerut Region, Meerut, renewing registration certificate in favour of the appellant.

2. THE facts, in brief, are that there is a religious educational institution known as Madarasa Mazahir Uloom, Mubarak Shah, Saharanpur. THE respondent, Muzaffar Hussain, claimed right to manage the institution as Mutawali of the Waqf property. THE members of the Managing Committee moved an application for registration of the society known as Society Madarsa Mazahir Uloom, Mubarak Shandh, Saharanpir in the year 1985 under section 3 of the Societies Registration Act, 1868 (in short the 'Act'). THE respondent filed objection before the Assistant Registrar, Firms, Societies and Chits, U. P., Meerut Region, Meerut alleging that the Waqf was created in the name of the Madarsa and registered with the U. P. Sunni Central Board of Waqf, Lucknow and he was appointed as Nazim/Mutawallia of the said Waqf and it could not be managed by any society. This