Waqf Khudaband Tala Mahasuma Imambara vs Hasan Abid & Ors.

Ram Janam Singh, Member.

This revision has been filed by Waqf Khudaband Tala Mahasuma Imambara, Mohalla Ansariyan against the order dated 21396 passed by Sri N.P.S. Tewatiya, learned Additional Commissioner, Meerut with the allegation that the learned Courts below have rejected a restoration application arbitrarily and on a flimsy ground. The observation of the learned Additional Commissioner that the restoration application has not been filed by the plaintiffhimself is against the fact. Waqf Khudaband Tala is not a person and is an Institution and is represented by Administrator already on record. Hence the observation of the learned Additional Commissioner is contrary to the facts.

The orders of the Courts below are hereby set aside and the restoration application of Waqf Khudaband Tala is allowed, and the case is remanded back to the learned trial Court for affording an opportunity to the parties to adduce evidence into oral and documentary and then decide the case on merits in accordance with law.

Restoration allowed.