During the survey proceedings one Imam Ali Mahto, a Shia Muslim, who was defendant No. 2 in Suit No. 232 of 1934 as the Mutawalli of Imambara and the Mosque of Mohalla Doshipura has filed an application on 25th June, 1938 before the said Chief or Provincial Commissioner of Waqfs claiming six items of property, namely, (1) the Mosque on Municipal No. J 15/94 (i.e. plot No. 246) (2) Imambara on Municipal No. J. 15/95 (i. e. Baradari on plot No. 247/1130), (3) Zanana Imambara on Municipal No. J 15/96 (i.e. Plot No. 245), (4) Imam Chowk with land (i. e. on plot No. 247), (5) Chabutra Sabil Pucca (i. e. on Plot No. 246/1134) and (6) one Sabil Stone on the land to the east of Imambara Baradari (i.e. on plot No. 602/1133) to be Shia Waqfs having been used since time immemorial for the purposes of their religious ceremonies and functions (Azadari, Majlises Mourning in Moharram, Tazia and Zulzana processions, Taziadari, Matam, etc.), the constructions having been made by subscriptions and requesting the Commissioner to enter the same in the list of Shia Public Waqfs; on the same day i.e. 25th June, 1938 Imam Ali 's statement on oath was also recorded before the Commissioner and an order was passed to the effect "the waqf property be taken under the control of Waqfs Act".