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2016 Supreme(All) 661

SUNITA AGARWAL
WAQF MUSAMMAT SHARIFAN BIWI – Appellant
Versus
PRABHU SARAN RAJVEDI – Respondent


Advocates:
Counsel :
Nitin Sharma and W.H. Khan for the Petitioner; H.R. Misra, Abhishek Mishra, Abhishek Sharma, M.A. Qadeer, Mohammad Hisham Qadeer and S.C. for the Respondents.

JUDGMENT

Hon’ble Mrs. Sunita Agarwal, J.—Heard Shri W.H. Khan, learned Senior Advocate assisted by Shri Nitin Sharma, learned counsel for the petitioner and Shri M.A. Qadeer, learned Senior Advocate assisted by Shri Shamim Ahmad, learned counsel for the respondent Nos. 9 to 11. Shri Ashish Kumar Singh, learned Advocate has appeared for respondent Nos. 1 to 8.

2. This petition is directed against the findings recorded by the Additional District Judge, Court No. 17, Allahabad in Civil Appeal No. 88 of 2004 (Manish Prakash v. Dr. Prabhu Sharan Rajvedi and others) vide judgment and order dated 22.8.2005 with regard to the suit property which is stated to be a Waqf property.

3. The brief facts relevant to note before dealing with the controversy in hand are:

One Sharifan Bibi daughter of Musammat Imaman Bibi was exclusive owner of House No. 1, Shiv Charan Lal Road, Allahabad and House No. 14, Dhondipur, Allahabad. She also owned a House No. 205, Uncha Mandi, Allahabad.

4. By means of a registered Waqf deed dated 26.2.1932, she created a Waqf known as Waqf Sharifan Bibi with respect to her two properties namely 1, Shiv Charan Lal Road, Allahabad and House No. 14 Dondipur, Allahabad in and








































































































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