The court ruled that beneficiaries must be included in Waqf proceedings, emphasizing the necessity of their presence for effective adjudication of property rights.

JUDGMENT :

Hon'ble Jaspreet Singh, J.

1. The instant revision has been preferred under Section 83 (9) of the Waqf Act, 1995 being aggrieved by the order dated 04.07.2018 passed by the Uttar Pradesh Waqf Tribunal in Waqf Case no. 37 of 2018, as a consequence, several properties belonging to Waqf No. 42-A, Lucknow have been de-listed from the register of Waqf.

2. In order to appreciate the controversy involved in the instant revision, certain facts giving rise to the instant revision are being noted hereinafter:-

3. Dr. Mohd. Abdul Jalil Faridi and his brother Lt. Mohd. Rafey Faridi both sons of Late Khan Bahadur Maulvi Mohammad Abdul Haq Saheb created a Walf-Alal-Nafs and Alal-Aulad to be (known as Waqf Faridi) by a Waqf deed dated 09.11.1945 and two properties were dedicated to the Waqf Faridi; (i) House No. 91, Dr. Moti Lal Bose Road, Machli Mohal, P.S. Hazratgarnj, Lucknow (ii) Faridi Building situated on Nazool Plot No. 14 near Maqbara Amzad Ali Shah, Hazratganj, Lucknow.

4. Dr. Mohd. Abdul Jalil Faridi was the first mutawalli of the Waqf and the waqf deed provided that the income of the waqf would be shared amongst the wakifs from generation to generation in equal amounts. The Waqf deed further stipulated that the income from any of the properties if was less than the amount required for its upkeep and other necessary expenses then the same could be sold to purchase a better property subject to the condition that on the purchase of the new property, the same would also be dedicated to the Waqf.

5. At this stage, it will be relevant to reproduce certain recitals of the Waqf deed:-

Section (1): The present Waqf shall be called 'Waqf Fareedi' and this Waqf is created for purposes of residence and sustenance of the persons endowing the Waqf mentioned in Section (4) on the following conditions. In the event of discontinuance of the progeny of the persons endowing the Waqf mentioned in the aforementioned Section, the income of the Waqf property, in accordance with the conditions mentioned in the present document, will be spent, on relatives and orphans and poors' education for those not having means and other beneficial causes, respectively.

Section 3: (a): It will be incumbent upon every Mutawalli to keep a regular nccounts of the present Waqf and give details of account to cach of the beneficiaries of the Waqf. It will be incumbent upon any Mutawalli that according to the desire of beneficiaries of the Waqf, satisfy them by showing them the accounts of the Waqf.

(b): If at any time the Mutawalli does not keep accounts, or without any strong and reasonable cause does not pay the income from Wagf property at any appropriate time, to the beneficiaries of the Waqf and necessity of filing of a suit arises, or commits such an omission in the management of the property. or he knowingly commits any act or acts on account of which there is a decrease in the profits of the property or commits express or implied dishonesty or misappropriates then the beneficiaries of the Waqf may jointly or severally will have a right to present a petition before the Authorised Officer get the Mutawalli removed and in his place any other person may be a Mutawalli according to the procedure and intention of the present document to discharge the duties of Mutawalliship.

Section 4 (a): The income of the Waqf property detailed below shall be spent on the repairs of the dilapidated and fallen buildings and payment of every kind of tax and other expenditures which are necessary for conservation of the Waqf property. The amount left after deduction of necessary disbursement and expenditure above mentioned will remain at the disposal of us executants, generations after generations, womb to womb and the said amount shall be distributed equally between we executants. This equal distribution shall remain operative with the progenies of we executants, that is to say half the income will be given to the progeny of me, the first executant and the other half to me the second exe