JUDGMENT : S.U. Khan, J. This writ petition is directed against order dated 5.9.1991 passed by 1st Additional District Judge, Jhansi in Misc. Civil Appeal No. 109 of 1986, Suraj Prakash and Anr. v. Collector, Jhansi Misc. Civil Appeal No. 109 of 1986 and two others. The said appeal was filed against order by Collector dated 8.9.1986 u/s 49B(4) read with Section 57A (2) of U. P. Muslim Wakfs Act, 1960 (since repealed by Section 112(3) of Wakfs Act, 1995). Petitioner Wakfs Board had sent a requisition to the Collector u/s 57A of U. P. Act for recovery of property in dispute, which was entered in the registers of the Petitioner as Wakf property and regarding which Wakf Board was of the opinion that Respondents 2 and 3/appeallents were in unauthorized occupation. Requisition was sent on 1.9.1986 and Collector passed order in pursuance thereof on 8.9.1986 u/s 49B (2) read with Section 57A (2) directing Respondent Nos. 2 and 3 to deliver the property in dispute to the Wakf Board. 2. Earlier also similar proceedings had been initiated against Respondents 2 and 3 Suraj Prakash and Babu Lal by the Wakf Board and in pursuance of requisition sent by Board, Collector had passed order on 16.7.1979 for delivery of the property in dispute. Against the said order Misc. Civil Appeal No. 116 of 1979 was filed which was allowed by District Judge, Jhansi on 30.4.1982. In the said judgment appellate court held that requisition sent by Board of Wakfs to Collector and consequent notice of Collector were not valid as plot number was not mentioned. Appellate court further held that the entry of any property as Wakf property in the register of the Wakf Board did not bind non-Muslims and Wakf Board could not adjudicate regarding its own title. The operative portion of the said judgment was to the effect that: The appeal is allowed and the impugned notices of the Collector are set aside. The Board may however, take further action in the matter as may be warranted. 3. Thereafter fresh proceedings were initiated under the same provision, i.e., Section 57A of U. P. Act and Wakf Board on 10.7.1986 held that requisition be again sent to the Collector. Wakf Board further held that by virtue of earlier judgment of District Judge in Appeal dated 30.4.1982 Wakf Board was entitled to initiate fresh proceedings. 3. Thereafter fresh proceedings were initiated under the same provision, i.e., Section 57A of U. P. Act and Wakf Board on 10.7.1986 held that requisition be again sent to the Collector. Wakf Board further held that by virtue of earlier judgment of District Judge in Appeal dated 30.4.1982 Wakf Board was entitled to initiate fresh proceedings. In pursuance of order dated 10.7.1986 requisition was sent on 1.9.1986 and in pursuance of the said requisition Collector passed order of delivery of property in dispute to Wakf Board and issued notice to the Respondents 2 and 3 on 8.9.1986. Against the order of the Collector dated 8.9.1986 Misc. Civil Appeal No. 109 of 1986 was filed. The appeal was allowed by the impugned order dated 5.9.1991. The Additional District Judge, Jhansi held that Respondents 2 and 3 being non-Muslims cannot be said to be persons interested in the wakf and they can in no way be estopped or barred from challenging the right of Board. 4. As Uttar Pradesh Muslim Wakf Act, 1960 under which proceedings were initiated and appeal was filed has been repealed by Wakf Act, 1995 hence no useful purpose will be served by deciding the matter on merit. 5. It is to be noticed that prior to 1995 there were two Wakf Acts. One was Wakf Act, 1954 (Central) and other was U.P. Muslim Wakf Act, 1960. The Central Act was not applicable to the States which had their own Wakf Acts like Uttar Pradesh. Under the impugned judgment as well as in the earlier judgment of the appellate authority it was held that both the Acts were pari materia. 6. There was an important distinction between the two Acts. Under the Central Act declaration/ decision of property as Wakf property u/s 5 was final and conclusive as provided u/s 6 (4) and u/s 27 (1) final as provided by Section 27 (2). Section 6 (4) provided that such decision was final and conclusive unless it was modified in pursuance of decision of the civil court. However Section 27 (2) made such decision only final unless revoked or modified by civil court. u/s 6 suit could be filed only within one year from the date of publication of the list of wakf in the gazette. u/s 27 (2) no limitation to file the suit was provided. 7. However Section 27 (2) made such decision only final unless revoked or modified by civil court. u/s 6 suit could be filed only within one year from the date of publication of the list of wakf in the gazette. u/s 27 (2) no limitation to file the suit was provided. 7. Sections 4 (3), 5, 6 (1) and its first proviso, 6 (4) and 27 of Wakf Act, 1954 as they existed before 1984 and Sections 6 (4), 8 (1) and 33 of U. P. Muslim Wakf Act, 1960 are quoted below: Wakf Act, 1954 Section 4 (3): The (Survey Commissioner) shall, after making such inquiry as he may consider necessary, submit his report (in respect of waqfs existing at the date of the commencement of this Act in the State of any part thereof) to the State Government containing the following particulars, namely: (a) the number of waqfs (in the State, or as the case may be, any part thereof) showing the Shia waqfs and Sunni waqfs separately ; (b) the nature and objects of each waqf ; (c) the gross income of the property comprised in each waqf ; (d) the amount of land revenue cases, rates and taxes payable in respect of such property ; (e) the expenses incurred in the realization of the income and the pay or other remuneration of the mutawalli of each waqf ; and (f) such other particular relating to each waqf as may be prescribed. Section 5. Publication of list of waqfs.--(1) On receipt of a report under Sub-section (3) of Section 4, the State Government shall forward a copy of the same to the Board. (2) The Board shall examine the report forwarded to it under Sub-section (1) and publish, in the Official Gazette, a list of waqf (in the State, or as the case may be, the part of the State, whether in existence at the commencement of this Act or coming into existence thereafter,) to which the report relates, and containing such particulars as may be prescribed. Section 6. Section 6. Disputes regarding Waqfs.--(1) If any question arises (whether a particular property specified as waqf property in a list of waqfs published under Sub-section (2) of Section 5 is waqf property or not or whether a waqf specified in such list is a Shia waqf or Sunni waqf,) the Board or the mutawalli of the waqf or any person interested therein may institute a suit in a civil court of competent jurisdiction for the decision of the question and the decision of the civil court in respect of such matter shall be final: Provided that no such suit shall be entertained by the civil court after the expiry of one year from the date of the publication of the list of waqfs under Sub-section (2) of Section 5: Section 6 (4): The list of waqf published under Sub-section (2) of Section 5 shall, unless it is modified in pursuance of a decision of the civil court under Sub-section (1), be final and conclusive. Section 27. Decision if a property is waqf property.--(1) The Board may itself collect information regarding any property which it has reason to believe to be waqf property and if any question arises whether a particular property is waqf property or not or whether a waqf is a Sunni Waqf or a Shia Waqf, it may, after making such inquiry as it may deem fit, decide the question. (2) The decision of the Board on any question under Sub-section (1) shall, unless revoked or modified by civil court of competent jurisdiction, be final. U.P. Muslim Wakf Act, 1960 Section 6 (4): The Commissioner, the Additional Commissioner of waqfs or Assistant Commissioner of waqf shall submit his report of enquiry, containing the particulars mentioned in Sub-section (2) above, to each of the Boards and the State Government shall as soon as possible, notify in the official Gazette the waqfs' relating to particular sect, to which, according to such report the provisions of this Act apply. Section 8 (1): If any dispute arises whether a particular is waqf property or not or whether a waqf is a Shia waqf or Sunni waqf, the Board concerned or the mutawalli of the waqf or any person interested therein may, in accordance with the provisions of this Act, refer the dispute for adjudication to the Tribunal: Provided that no such dispute shall be entertained by a Tribunal after the expiry of one year from the date of the publication of the list of waqfs under Sub-section (4) of Section 6. Section 33: Decision if a property is waqf property.--(1) The Board may collect or cause to be collected information regarding any property which it has reason to believe to be a waqf property and if any question arises whether a particular property is waqf property or not, it may, after making such enquiry as it may deem fit, decide the question. (2) Any person aggrieved by the decision of the Board under Sub-section (1) may by application within 90 days from the date of such decision refer the dispute to the Tribunal which shall give its decision thereon. 8. Under the U. P. Act of 1960 no finality was expressly attached to declaration/decision about a property being wakf property. u/s 8 it was provided that any person interested in the Wakf could refer the dispute to the Tribunal within one year from the date of publication of the list of wakfs in the official gazette. u/s 33 (1) Board was empowered to decide as to whether the property was wakf or not and under Sub-section (2) any person aggrieved by the decision was entitled to challenge the same before the Tribunal within 90 days. 9. It is therefore clear that the relevant provisions under the two Acts were similar to some extent but there were vital differences also in between them. 10. In the instant case there is nothing in the order of the Wakf Board (Annexure-2), to show that the property in dispute was notified in the official gazette to be wakf property u/s 6 (4) of the U. P. Act. 11. The Supreme Court in Board of Muslim Wakfs, Rajasthan Vs. 10. In the instant case there is nothing in the order of the Wakf Board (Annexure-2), to show that the property in dispute was notified in the official gazette to be wakf property u/s 6 (4) of the U. P. Act. 11. The Supreme Court in Board of Muslim Wakfs, Rajasthan Vs. Radha Kishan and Others, AIR 1979 SC 289 while interpreting the provisions of Wakf Act, 1954 held that a person who is not interested in the wakf particularly a non-Muslim cannot be said to be bound by the declaration of the wakf property culminating in publication of the notification in the gazette u/s 5 (2) of the Act even if he did not file suit within a year u/s 6 (1) and (4). The position in respect of decision of Wakf Board u/s 27 (1) under the said Act was left expressly undecided as the question was not involved in that case. Section 27 (1) of the Central Act was almost pari-materia with Section 33 (1) of the U. P. Act. 12. It is one thing to say that declaration/decision regarding a property being wakf property particularly u/s 33 of U.P. Act was neither final nor conclusive and it is quite another to say that it could not have any effect upon a person who was not interested in the wakf. Such decision prima facie established that the property was wakf property. However, such decision was open to challenge in civil suit or before Tribunal. If a person even after becoming aware of entry of the property as wakf property in the register of the Wakf Board did not file suit regarding title or challenged the same before Tribunal then he could not resist eviction proceedings u/s 57 (A) or 49(B). 13. In this regard learned Counsel for the contesting Respondents has cited an authority of this Court in Cheda Singh v. Additional Civil Judge, Moardabad, 1996 AWC 189 . In the said authority it was held that a non-Muslim who was in occupation of property which was recorded as wakf property in the register of the Wakf Board could not be evicted u/s 57A of the U. P. Act. Unfortunately Section 69A of U. P. Wakf Act was not taken into consideration. In the said authority it was held that a non-Muslim who was in occupation of property which was recorded as wakf property in the register of the Wakf Board could not be evicted u/s 57A of the U. P. Act. Unfortunately Section 69A of U. P. Wakf Act was not taken into consideration. By virtue of the said Section “no suit or other proceeding shall be instituted by the Board in civil court for any relief which may be obtained by proceedings u/s 49B or Section 57A.” The last sentence of the said authority is quoted below: It is however, clarified that this judgment only examines the jurisdictional question and does not decide the merit of the claim of one or other party and it will be open for the Respondents (i.e., Wakf Board and mutwalli) to take such action against the Petitioner which is permissible in law. 14. By virtue of Section 69A suit could not be filed by the Board hence no remedy was left with the Board to eject the Petitioner even if the property was wakf property and Petitioners of the said writ petition were unauthorized occupants. 15. Sections 49B and 57A of U. P. Muslim Wakf Act, 1960 provided for eviction of unauthorized occupants of wakf properties like eviction of occupants under Public Premises Eviction of Unauthorized Occupants Act. Question of title cannot be decided in such summary proceedings. However, if a party was aggrieved by entry of the property as wakf property in the register of the Wakf Board then he was at liberty to file regular suit based upon title or to approach the Tribunal. However, in the absence of such suit or proceedings before Tribunal, affected party could not say that the said entry was not binding upon him hence he could not be evicted. Said entry was prima-facie evidence of the property being wakf. 16. The aforesaid authority has also been followed recently in U.P. Sunni Central Waqf Board Vs. State of U.P. and Others, (2007) 1 AWC 440. However, in the said authority it has been held in para 13 that: Apart from the entry in the register some other document was to be adduced to ratify the claim. 17. Unfortunately in the said authority also Section 69A was not considered. 18. There is one more important aspect which requires consideration. However, in the said authority it has been held in para 13 that: Apart from the entry in the register some other document was to be adduced to ratify the claim. 17. Unfortunately in the said authority also Section 69A was not considered. 18. There is one more important aspect which requires consideration. In view of the aforesaid Supreme Court authority of 1979 an Explanation was added to Section 6 of (Central) Wakf Act, 1954 in the year 1984 which is quoted below: Explanation: For the purposes of this Section and 6A the expression or any person interested therein ; occurring in Sub-section (1) of this Section and in Sub-section (1) of Section 6A, shall in relation to any property specified as wakf property in a list of wakfs published, under Sub-section (2) of Section 5, after the commencement of the Wakf (Amendment) Act, 1984, shall include also every person who, though not interested in the wakf concerned is interested in such property and to whom a reasonable opportunity had been afforded to represent his case by notice served on him in that behalf during the course of the relevant inquiry u/s 4. 19. Through the same amendment of 1984 Section 6A was added providing under its Sub-section (1) that: If, after the commencement of the Wakf (Amendment) Act, 1984, any question arises whether a particular property specified as wakf property in a list of wakfs published under Sub-section (2) of Section 5 is wakf property or not...the Board or the mutawalli of the wakf or any person interested therein may apply to the Tribunal...for the decision of the question and the decision of the Tribunal in respect of such matter shall be final. 20. By virtue of the aforesaid Explanation added through amendment of 1984, the basis of the Supreme Court judgment of 1979 was removed. The Supreme Court had based its judgment upon the interpretation of the words 'person interested therein' occurring in Section 6 of the Central Act. The said interpretation of 'person interested therein' was changed by adding the Explanation. Hence with effect from the date of amendment 'person interested therein' could include even those persons who were not at all interested in the wakf whether they were Muslims or non-Muslims. 21. The said interpretation of 'person interested therein' was changed by adding the Explanation. Hence with effect from the date of amendment 'person interested therein' could include even those persons who were not at all interested in the wakf whether they were Muslims or non-Muslims. 21. Both the aforesaid Wakfs Acts including any other Wakf Act in force in any other State have been repealed by Section 112 of Wakf Act, 1995. The Explanation defining 'any person interested therein' added in 1984 in Section 6 of Wakf Act, 1954 has been retained u/s 6 of Wakf Act, 1995. u/s 6 of Wakf Act, 1995 (like Section 6A added in Wakf Act, 1954) it has been provided that: If any question arises whether a particular property specified as wakf property in a list of wakfs is wakf property or not...., the Board or the mutwalli of the wakf or any person interested therein may institute a suit in a Tribunal for the decision of the question and the decision of the Tribunal in respect of such matter shall be final: Provided that no such suit shall be entertained by the Tribunal after the expiry of one year from the date of the publication of the list of wakfs. 22. Section 40 of Wakf Act, 1995 is equivalent to Section 27 of Wakf Act, 1954 and Section 33 of U. P. Wakf Act, 1960. Similarly Sections 52 and 54 of Wakf Act, 1995 providing summary procedure of eviction of unauthorized occupants of wakf property or unauthorized purchasers of wakf property are equivalent to Sections 36B and 36D of Wakf Act, 1954 and Sections 49B and 57A of U. P. Muslims Wakf Act, 1960. 23. In view of the fact that Section 57A and other allied sections of U. P. Muslim Wakf Act, 1960 under which proceedings were taken by the Courts/authorities below are no more there as entire U. P. Muslim Wakf Act has been repealed and corresponding provisions of Wakf Act, 1995 are to a great extent different from the said provisions hence this writ petition is dismissed as infructuous. Both the parties are at liberty to seek their remedies under Wakf Act, 1995. 24. Both the parties are at liberty to seek their remedies under Wakf Act, 1995. 24. The question of correctness of the view taken in the aforesaid 1996 and 2006 authorities of this Court is also not being pursued further in view of the fact that U. P. Muslim Wakf Act, 1960 has been repealed.