Hon’ble Siddhartha Varma, J.—When House No. 132/473 situated at Babu Purawa Kanpur, District Kanpur Nagar, was sold on 13.2.2007 to the petitioner by the respondent No. 2 then the respondent No. 1, Jangle Wali Masjid, filed a suit being Original Suit No. 3227 of 2009 for a declaration declaring that the sale-deed dated 13.2.2007 was void. The petitioner filed an application under Order VII Rule 11 of the Code of Civil Procedure which was allowed by the Additional Civil Judge (S.D.), Court No. 2, Kanpur Nagar. However, the misc. appeal No. 17 of 2016 filed by the plaintiff-respondent No. 1 was allowed on 2.2.2017, against which order, the petitioner has filed the instant writ petition.

2. The sole question for consideration before this Court is as to whether the suit as was filed by the plaintiff was maintainable in the Civil Court.

3. For a proper appreciation of the controversy at hand, Sections, 51, 52, 83 and 85 would be relevant and so they are being reproduced here as under :

51. Alienation of 1[waqf] property without sanction of Board to be void.—[(1) Notwithstanding anything contained in the waqf deed, any lease of any immovable property which is waqf property, shall