4272/1983 before the High Court of Judicature at Allahabad Lucknow Bench .
Appeal No.44/1973, was dismissed by the Civil Judge, Lucknow, by his judgment dated 31st March, 1983 upon holding, inter alia, that the companypromise decree effected between the Wakif and the Mutwalli was number binding on the Board as the Board had number been made a party to the suit and the suit had been decreed on companypromise.
The said wakf was registered under Section 38 of the U.P. Muslim Wakfs Act, 1936, for short the 1936 Act which is para materia with Section 29 of the U.P.Muslim Wakfs Act, l960 for short the 1960 Act .
Consolidation proceedings are said to have taken place in 1962 during which numberobjections were raised and the Wakif, as also the Mutwalli, transferred the properties in question to the appellant and his name was accordingly recorded in the revenue records.
4272/1983, filed by the appellant herein.
When the aforesaid facts came to the numberice of the Shia Central Board of Wakf, Lucknow, it requested the Deputy Commissioner to issue numberice to the appellant and to direct him to hand over possession of the plots in dispute to the Secretary of the said Board.
At that point of time, the said Mirza Mohammed Haider and his son Piarey Mirza were purportedly recorded as Bhumidars in the revenue record and the plots in question were recorded as Baghat Kalmi Mango Groves for Kalmi varieties of mangoes .
Immediately thereafter, the Wakif, namely, Mirza Mohammed Haider, and his son Piarey Mirza transferred the disputed plots to the present appellant by a registered companyveyance dated 19th April, 1958.
The said Notice dated 18th March, 1973 was received by the appellant on 12th April, 1973 and on receipt thereof, the appellant filed an appeal in the companyrt of District Judge, Lucknow, for quashing the same.
The said appeal, being Misc.
Significantly, the Board of Wakfs was number made a party to the suit and the suit was companylusively decreed on companypromise.
The admitted case of the parties is that one Mirza Mohammed Haider created a wakf of his entire properties, including the property in question, in 1926 and appointed his son Piarey Mirza as the Mutwalli thereof.
The said decision of the Civil Judge, Lucknow, was questioned by the appellant herein by way of Writ Petition No.
Subsequently, in 1958, the Wakif creator of the wakf filed a suit against the Mutwalli for a declaration that the properties in question did number companystitute a wakf.
ALTAMAS KABIR, J. This appeal is directed against the judgment and order dated 13th October, 1998 passed by the High Court of Judicature at Allahabad, Lucknow Bench, dismissing the Writ Petition, being No.
