IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Second Appeal No. 1612 of 2001 Madarsa Talimul Quran Sharif & others …….Appellants. Versus Shri Rao Mohammad Ataullah Khan & others ……Respondents. Mr. V.K. Kohli, Senior Advocate with Mr. T.C. Pande, Advocate for the appellants. Mr. Sharad Sharma, Senior Advocate with Mr. J.S. Bisht, Advocate for the respondents. Hon’ble Sudhanshu Dhulia, J. Heard learned counsels for the appellants as well as the respondents at length. This second appeal was admitted on the following substantial question of law :- “Whether the suit, filed by the plaintiff, was barred by the provisions of Sections 49-A, 60, 66 (1) and 69 of the U.P. Muslim Waqf Act, 1960?” Section 49-A of the Uttar Pradesh Muslim Wakf Act, 1960 reads as under :- “[49-A. Transfer of immovable property of wakfs. – Notwithstanding anything contained in the deed or instrument, if any, by which the wakf has been created, on transfer by way of – (i) sale, gift, mortgage or exchange; or (ii) lease for a period exceeding three years in the case of agricultural land, or for a period exceeding one year in the case of non-agricultural land or building.” Section 60 of the Uttar Pradesh Muslim Wakfs Act, 1960 reads as under :- “60. Direction where the object of wakf is not evidenced. – (1) If in any case the object of a wakf is not defined with precision, the Board shall direct the manner in which the funds, property or income of the wakf or any surplus thereof, shall be utilized : Provided that no such direction shall be given without first affording to the person affected an opportunity of being heard. 2 (2) Any person affected by the direction of the Board under sub-section (1) may, within 90 days from the date of such direction, refer the matter to a Tribunal in accordance with the provisions of this Act, but pending the decision of the Tribunal on such reference, the direction of the Board shall be complied with.” Section 66 (1) of the Uttar Pradesh Muslim Wakfs Act, 1960 reads as under :- “66. Notice of suits etc. by Court. – (1) In every suit or proceeding relating to the title of wakf property or the right of a mutawalli, the Court shall issue notice to the Board at the cost of the party instituting such suit or proceeding.” Section 69 of the Uttar Pradesh Muslim Wakfs Act, 1960 reads as under :- “69. Bar to compromise of suits by or against mutawallis. – No suit or proceeding pending in any Court by or against the mutawalli of a wakf relating to title to wakf property or the rights of the mutawalli shall be compromised without the sanction of the Board.” Learned Senior Counsel for the respondents Sri Sharad Sharma, however, contends that no substantial question of law is made out, inasmuch as, there is no finding as to whether the property in dispute was actually a wakf property. At this stage of Second Appeal, this Court cannot go on a finding as to whether the property in dispute is actually a wakf property. From the material which is available on record before this Court also it cannot be ascertained that the property in dispute is actually a wakf property. Therefore, for the purposes of the present Second Appeal, no substantial question as framed above is actually made out in favour of the appellants. This court has also been informed that the appellants have also filed an Original Suit No. 455 of 1992 for setting aside the decree dated 16.7.1979. This issue is yet to be examined in the Original Suit No. 455 of 1992. All these questions which have been raised in the present Special Appeal can very well be agitated before the competent court. The substantial question of law is therefore decided against the appellants. 3 In view of the aforesaid, Second Appeal is liable to dismissed and is hereby dismissed. No order as to costs. (Sudhanshu Dhulia, J.) 16.7.2010 Avneet