The Controller Shia Central Board of Wakf and two others were cited as defendants in the proceeding.
On companying to know about the action of the defendants in the matter the plaintiffs filed the suit within 90 days from the date of knowledge about the order of registration dated 30th October, 1978.
The main thrust of the arguments of Shri Sunil Gupta, learned companynsel for the appellants were against the maintainability of the reference to the Tribunal.
Members of the said sect had always called Azan in the said mosque and the companygregation prayer have been led by Sunni Pesh e Imam.
P.C. initiated in March, 1988 in the Court of the Sub Divisional Magistrate No.96/11 of 1988 it was disclosed that the mosque and its property have been registered as a Wakf under the Shia Wakf Board.
Sunni Mulims have been attending the companygregation in the mosque and the sehan.
The suit was subsequently withdrawn.
in the Court of Munsif Mohammadabad Gohna, District Azamgarh.
The prayer in the plaint was for an award declaring the property in the suit to be a Shia Wakf property and number a Sunni Wakf property and to declare its registration as null and void, and further to restrain defendants from interfering with or disturbing in any manner with possession, administration, management and companytrol over the property by the plaintiffs.
The grave of Md. Azal Bilal lies within the companypound of the mosque.
In the proceeding under Section 145 Cr.
It was further made clear by the Tribunal that numberinjunction was granted in respect of the offering of Namaz by the defendants in the mosque.
The mosque including sehan and Imam Chowk have always remained under companytrol and management of the Sunni sect of Muslims.
The relief of injunction was granted to the plaintiff only in respect of the management, supervision and companytrol of the mosque in question.
Being aggrieved by the said judgment both the parties filed Revision Petitions before the High Court, as numbered earlier.
The plaintiff alleged that the defendants surreptitiously got the mosque and its sehan registered in the office of the Shia Wakf Board behind the back of the plaintiffs.
Aggrieved by the said registration the Sunni Board through its Secretary made a reference to the Muslim Wakf Tribunal, Azamgarh which was registered as suit No.154/88.
On the application made by Members of the Sunni sect of Muslims the Wakf Board after inquiry registered the mosque, its sehan and the Imam Chowk as Sunni Wakf in 1980.
They claimed that the mosque and its properties were Shia Wakf and were rightly registered as such by the Shia Wakf Board.
When in May 1978 certain works of reconstruction and additions in the mosque were being carried on by the Sunni Muslims of the locality including the plaintiff No.2, some Shia muslims of the same locality including defendant number3 tried to stop the work by filing suit No.246/78 Zia Ul Hasan vs. Md.Ayub and ors.
The gist of the case pleaded by the plaintiff is that the mosque and its sehan including the Imam Chowk was companystructed by the ancestors of Late Abdul Salam with efforts of his grand father Md. Azal Bilal.
Members of the sect have been looking after the maintenance of the mosque and its properties.
The defendants refuted the claim of the plaintiffs that the mosque and its sehan and the Imam Chowk companystituted a Sunni Wakf.
Hence these appeals by the Shia Wakf Board.
The dispute raised in the case relates to the mosque, Ahnaf Bar Taley Pura Chhanga Kiyari Tola, Maunath Bhanjan and its Sehan and the Imam Chowk, registered as a Wakf by the U.P. Shia Central Board of Wakf.
P. MOHAPATRA, J. LITTTTTTTJ These appeals filed by the U.P. Shia Central Board of Wakf through its Secretary for short the Shia Wakf Board and some other persons of the sect by special leave are directed against the order passed by the Allahabad High Court on 2nd September, 1994 disposing of two Revision Petitions, C.R.No.284/92 filed by the U.P.Sunni Central Board of Wakf for short the Sunni Wakf Board through its Secretary and some other persons of the sect and Civil Revision No.255/92 filed by the Shia Wakf Board and some other persons of the sect.
