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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Sudhir Agarwal
Khudawand Haiyul Qaiyum – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT
Hon'ble Sudhir Agarwal. J.
1. This is plaintiff's appeal under Section 100 C.P.C.
2. Heard Sri B.B. Jauhari, Advocate, for appellant and learned Standing Counsel for respondents.
3. A suit for declaration that plaintiff is owner of Zamindari Abolition Compensation Bonds and Rehabilitation Grant Bonds detailed at the foot of the plaint and present Mutwalli is entitled to get the principle amount and interest from the said bonds being Mutwalli of the plaintiff-wakf was filed in the Court of Civil Judge, Shahjahanpur which was decreed by Trial Court vide judgment and decree dated 17.3.1975 where against defendants preferred Civil Appeal No. 44 of 1975 which has been allowed and Trial Court's judgment and decree has been set aside as a result whereof the suit of the plaintiff-appellant has been dismissed.
4. The Lower Appellate Court (hereinafter referred to as "LAC") formulated the question as to whether the waqf-deed dated 22.5.1945 was actually implemented or not and in this regard considered following aspects:
(i) The income and expenditure of Wakf property were not maintained properly.
(ii) Wakf was not registered in the Wakf Board at any stage.
5. In that view of the matter, h
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