The central legal point established in the judgment is the interpretation of the Wakf deed dated 14.4.1947 and the distinction between the management of the Wakf properties and the society managing the Madarsa.

In these two revisions under provisio to Sub-section (9) of Section 83 of The Wakf Act, 1995 (herein after referred to as "Act") the relief sought is to set aside the judgment and order dated 31.5.2012 passed in reference no. 1 of 2010 by the Civil Judge (Senior Division) Mau exercising the powers of Wakf Tribunal.

2. There was a Madarsa (Urdu Medium School) and a 'Masjid' (Mosque) adjoining to one another. In the vicinity of the Madarsa and the Masjid there was land of arajij no. 215 area 168 Kadi. All within the village Kareemuddinpur, pargana and Tehsil- Ghosi, District- Mau. Haji Sukurullaha, the owner of the said plot vide registered wakfnama dated 14.4.1947 wakfed the above land for the purposes of Madarsa and Masjid and appointed his son Abdul Sattar as its Mutvalli. The said Abdul Sattar remained Mutvalli of the said Wakf till 1982. The Wakf was later registered in the records of U.P. Sunni Central Wakf Board, Lucknow (hereinafter for short the 'Wakf Board') as Masjid, Madarsa Islamiya Shamsul Uloom Kareemuddinpur, Ghosi, Mau and subsequently as Wakf No. 611, District Azamgarh now Mau.

3. In the year 1960 a society with the name of Darul Uloom Ahale Sunnet Shamsul Uloom Ghosi, Mau also came to be registered in connection with the aforesaid Madarsa.

4. In connection with the Wakf properties including Madarsa a dispute of management arose between the parties wherein Mohd. Aftab claimed himself to be the Mutvalli of the Wakf being the grandson of Wakif Haji Sukurullaha.

5. In opposition, Mohd. Nasir claimed to be Mutvalli/Manager in accordance with the bye laws of the society.

6. The battle between the two after a long rally of litigation came up before the High Court in Writ Petition No. 55177 of 2007 Mohd. Aftab Vs. State of U.P. and Others. The writ petition was disposed of by the Division Bench of this Court vide order dated 6.11.2007 with the direction to the Wakf Board, Lucknow to take appropriate steps for constitution of a Committee of Management in respect of Wakf No. 611 Azamgarh expeditiously in accordance with law.

7. All other previous litigation, about a dozen between the parties in this regard are not very material and relevant for the present dispute and its details are not being referred to for brevity.

8. In pursuance of the direction of the High Court in the above-referred writ petition, the Wakf Board, Lucknow vide order dated 15.12.2007 rejected the claim of Mohd. Aftab regarding appointment of his Committee of Management and at the same time a Committee of Management of 16 members headed by Maulvi Rizwan Ahmad with Mohd. Nasir as the Secretary was appointed for a period of one year. Simultaneously, Mohd. Aftab was appointed as Mutvalli for a period of one year to manage the affairs of the Masjid only and to function in consultation with the Committee of Management appointed above but was restrained from interfering with the working of the Committee of Management that was impliedly given right to manage entire Wakf properties other than the properties dedicated by Haji Sukurullaha. On the application of Mohd. Nasir who was not satisfied by the above order, the Wakf Board vide order dated 16.2.2008 stayed the operation of the above order in relation to the appointment of Mohd. Aftab as Mutvalli of the Masjid, notices were directed to be issued to the parties for reconsideration of the matter and till that time the Committee of Management as appointment vide order 15.12.2007 was permitted to continue to manage the aforesaid Wakf. The term of the aforesaid Committee of Management so appointed was extended by the office memorandum of the Wakf Board dated 1.11.2009 for a period of 5 years w.e.f. 15.12.2007 on the basis of the order dated 29.10.2009.

9. The above three orders dated 15.12.2007, 16.2.2008 and 29.10.2009 and the office memorandum dated 6.11.2009 all passed and issued by the Wakf Board were made the subject matter of reference by Mohd. Aftab under Section 83 of the Act before the Wak