JUDGMENT Hon’ble Dilip Gupta, J.—This Civil Revision, which has been filed under Section 83 (9) of the Wakf Act, 1995 (hereinafter referred to as the ‘’Act’), seeks the quashing of the order dated 10th May, 1999 passed by the Tribunal constituted under Section 83(1) of the Act by which the Appeal filed by the applicants under Section 52 (4) of the Act against the order dated 21st December, 1998 passed by the Collector Kanpur under Section 52(2) of the Act was dismissed. 2. The dispute in the present Revision relates to the ground floor of House No. 42/104, Makhania Bazar Kanpur, (hereinafter referred to as the disputed house) which belonged to Mohd. Saghir. In order to appreciate the controversy it would be useful to refer to the pedigree of Mohd. Saghir which is reproduced below : Mohd. Saghir (died in 1988) Quresha Begum Amina Begum (Wife No. 1) (Wife No. 2) Mahfoozur Rehman Amina Begum Farzana Parveen Mohd. Farooq (husband Masood Alam) (Husband) Farhan Elahi (Son) The Rent Control and Eviction Officer had allotted the disputed house in favour of Sri Nooruddin (applicant No. 2) by the order dated 31st July, 1975 and ever since then he is living in the disputed house along with his wife Smt. Nargis Jamal (applicant No. 1). It is said that Mohd. Farooq (father of Farhan Elahi) opposite party No. 3 filed an application in 1988 under Section 29 of the U.P. Muslim Waqf Act, 1960 (hereinafter referred to as the 1960 Act’) for registration of the Waqf deed dated 21st March, 1988 alleged to have been executed by Mohd. Saghir and by an order dated 25th June, 1988 the Waqf Board registered the property in dispute as Waqf No. 44-A in the Waqf register. Mohd. Saghir died on 11th October, 1988. He had two wives Quresha Begum and Amina Begum. Quresha Begum had pre-deceased Mohd. Saghir. On 24th April, 1992 Farzana Parveen, daughter of the second wife Amina Begum executed a registered sale-deed in favour of applicant No. 1 Smt. Nargis Jamal for transferring her share in the house in dispute. Subsequently various suits were filed between the parties. Original Suit No. 1015 of 1992 was filed by Mahfoozur Rehman (son of the first wife Quresha Begum) for partition of his share and applicant No. 1 Smt. Nargis Jamal was arrayed as defendant No. 1. Subsequently various suits were filed between the parties. Original Suit No. 1015 of 1992 was filed by Mahfoozur Rehman (son of the first wife Quresha Begum) for partition of his share and applicant No. 1 Smt. Nargis Jamal was arrayed as defendant No. 1. Original Suit No. 1302 of 1992 was filed by Amina Begum (daughter of the first wife Quresha Begum) for cancellation of the sale-deed dated 24th April, 1992 executed by Smt. Farzana Parveen in favour of Smt. Nargis Jamal. Original Suit No. 1574 of 1993 was filed by Farhan Elahi against the applicants for permanent injunction to restrain them from handing over the possession of the house in dispute to any other person as the defendants (applicants) had threatened to handover the possession to some other person. A Complaint Case No. 4807 of 1992 was also filed by Amina Begum daughter of the first wife Quresha Begum against Farzana Parveen and her husband Masood Alam under Sections 420, 423 and 504 of the Indian Penal Code with the allegations that Mohd. Saghir was the owner of the property in dispute and after his death, Farzana Parveen and her husband entered into an agreement for transferring their share in the house in dispute in her favour on 15th April, 1992 and had also received the earnest money but they have not transferred the same and have fraudulently misappropriated the consideration. 3. The dispute in the present Revision, however, arises from the application dated 19th May, 1993 filed by Farhan Elahi before the Secretary of the Waqf Board under Section 49(B) of the 1960 Act for recovery of the Waqf property (disputed house) which was stated to have been transferred in contravention of the provisions of Section 49(A) of the 1960 Act. It was alleged that the sale-deed dated 24th April, 1992 had been executed by Farzana Parveen in favour of Smt. Nargis Jamal in contravention of the provisions of Section 49-A of the 1960 Act as it could not have been executed without the previous sanction of the Board and, therefore, it was prayed that the Board may send a requisition to the Collector for delivery of possession of the property to the Board. On the basis of the aforesaid application, the Controller of the Board sent a requisition to the Collector on 29th January, 1994 and the Collector thereafter passed an order on 21st December, 1998 under Section 52 (2) of the Act directing Smt. Nargis Jamal to deliver possession of the property sold to Farhan Elahi on behalf of the Board. 4. This order of the Collector was challenged by the applicants by filing an appeal before the Waqf Tribunal under Section 52(4) of the Act. The appeal was ultimately dismissed by the Waqf Tribunal by the order dated 10th May, 1999 holding that the property in dispute was entered in the register of the Waqfs as Waqf No. 44-A; that Nooruddin was the tenant on the basis of the allotment order dated 31st July, 1975; that the suits filed between the parties and the Waqf Reference No. 166/70 of 1994 filed by the applicants under Section 30 of the 1960 Act were not required to be considered in the appeal as only the merit of the order passed by the Collector was required to be examined; that from the extract of the Waqfs register it was proved that the Waqf was entered as Waqf No. 44-A; that the legality or otherwise of the order passed by the Collector could not be examined by the Tribunal and that though the house in dispute had been allotted to Nooruddin but the tenant was not entitled to any benefit as under Section 56 of the Act, the Waqf property could not have been allotted except with the prior permission of the Waqf Board. 5. I have heard Sri M.A. Qadeer learned Counsel for the Revisionists while Sri S.G. Hasnain learned Senior Counsel has appeared on behalf of opposite party No. 3. Sri Fahim Ahmad advocate has appeared on behalf of opposite party No. 1. No one has put in appearance on behalf of opposite party No. 2 even though notices were issued. 6. Sri M.A. Qadeer learned Counsel for the Revisionists urged that Mohd. Saghir had not executed any Waqf deed and nor is there any registered document which shows the transfer of the disputed property by Mohd. Saghir to the Waqf and in a surreptitious and clandestine manner the disputed property was got recorded as Waqf property by Mohd. Farooq in the Waqf Register. Saghir had not executed any Waqf deed and nor is there any registered document which shows the transfer of the disputed property by Mohd. Saghir to the Waqf and in a surreptitious and clandestine manner the disputed property was got recorded as Waqf property by Mohd. Farooq in the Waqf Register. He further submitted that a reference had been filed by the applicants under Section 29 (8) of the 1960 Act against the order of the Board registering the Waqf and even though the said reference was pending disposal before the Tribunal yet the Appeal was decided holding that the validity of the order passed by the Board registering the Waqf was not required to be examined and all that was to be considered was whether the Waqf was entered in the Waqf Register. He submitted that the aforesaid view taken by the Tribunal in Appeal was contrary to the decision of this Court in Smt. Amina Khatoon v. IIIrd Additional District Judge, Farrukhabad and others, 1987 A.L.J. 1282. 7. Sri S.G. Hasnain learned Senior Counsel appearing for the contesting opposite party No. 3, however, contended that the Waqf in question was duly registered in the Register at Serial No. 44-A and so there was no infirmity in the order passed by the Collector under Section 52 (2) of the Act as the disputed property had been sold in contravention of the provisions of Section 49-A of the 1960 Act. 8. It is not in dispute that the disputed house had been allotted to the applicants by the Rent Control and Eviction Officer by the order dated 31st July, 1975 and the applicants are residing in the said house. The dispute is about the Waqf deed said to have been executed by the owner of the property Mohd. Saghir. The contention of the applicants is that Mohd. Saghir had never executed the Waqf deed and Mohd. Farooq in a clandestine and surreptitious manner got the said Waqf deed registered under Section 29 of the 1960 Act as Waqf No. 44-A in the Waqf register by making interpolation between Serial Nos. 44 and 45. Saghir. The contention of the applicants is that Mohd. Saghir had never executed the Waqf deed and Mohd. Farooq in a clandestine and surreptitious manner got the said Waqf deed registered under Section 29 of the 1960 Act as Waqf No. 44-A in the Waqf register by making interpolation between Serial Nos. 44 and 45. It is the registration of the Waqf deed at Serial No. 44-A that led to the filing of the application by Farhan Elahi before the Waqf Board under Section 49-B of the 1960 Act as it was sought to be contended that the sale-deed was executed on contravention of the provisions of Section 49-A of the 1960 Act since prior sanction of the Board had not been taken. In order to appreciate the rival contention, it would be necessary to refer to the relevant provisions of the 1960 Act. “29. Registration.—(1) Every other waqf, whether subject to this Act or not and whether created before or after the commencement of this Act, shall be registered at the office of the Board of the sect to which the waqf belongs. ............................ (3) The application for registration shall be made in such form and manner and at such place as the Board may prescribe and shall contain the following particulars, as far as possible— (a) a description of the waqf properties sufficient for the identification thereof; (b) the gross annual income from such properties; (c) the amount of land revenue, cesses, and rates and taxes annually payable in respect of the waqf properties; (d) an estimate of the expenses annually incurred in the realization of the income of the waqf properties; (e) the amount set apart under the waqf for— (i) the salary of the mutawalli and allowances to individuals, (ii) purely religious purposes; (iii) charitable purposes; (iv) any other purpose; (f) any other particulars prescribed by the Board. (4) Every such application shall be accompanied by a copy of the Waqf Deed or, if no such deed has been executed or a copy thereof cannot be obtained, shall contain full particulars, as far as they are known to the applicant, of the origin, nature and objects of the Waqf. .................... (4) Every such application shall be accompanied by a copy of the Waqf Deed or, if no such deed has been executed or a copy thereof cannot be obtained, shall contain full particulars, as far as they are known to the applicant, of the origin, nature and objects of the Waqf. .................... (7) On receipt of an application for registration, the Board may, before the registration of the waqf, make such inquiries as it thinks fit in respect of the genuineness and validity of the application and the correctness of any particular therein, and, when the application is made by any person other than the person administering the waqf property, the Board shall, before registering the waqf give notice of the application to the person administering the waqf property and shall, after affording him a reasonable opportunity of being heard, pass such orders as it may deem fit. (8) Any person aggrieved by an order of the Board under sub-section (7) may, by application within 90 days from the date of that order, refer the dispute to the Tribunal which shall give its decision thereon. 30. Register of waqfs.—The Board shall maintain a register of waqfs which shall contain in respect of each waqf, copies of the waqf deeds, when available, and the following particulars, namely : (a) the class of the waqf; (b) the name of the mutawalli; (c) the rule of succession to the office of mutawalli under the waqf deed or by custom or by usage; (d) particulars of all waqf properties and all title deeds and documents relating thereto; (e) particulars of the scheme of administration and the scheme of expenditure at the time of registration; and (f) such other particulars as may be prescribed. 49-A. Transfer of immovable property of waqf.—Notwithstanding anything contained in the deed or instrument, if any, by which the waqf has been created, no 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 of any immovable property of the waqf shall be valid without the previous sanction of the Board. 49-B. Recovery of waqf property transferred in contravention of Section 49-A.—(1) If the Board is satisfied after making an inquiry in such manner as may be prescribed that any immovable property entered as property of a waqf in the register of waqfs maintained under Section 30, has been transferred without the previous sanction of the Board in contravention of the provisions of Section 49-A, it may send a requisition to the Collector within whose jurisdiction the property is situate to obtain and deliver possession of the property to it. (2) On receipt of a requisition under sub-section (1), the Collector shall pass an order directing the person in possession of the property to deliver the property to the Board within a period of thirty days from the date of the service of the order. (3) Every order passed under sub-section (2) shall be served— (a) by giving or tendering it or by sending it by post to the person for whom it is intended; or (b) if such person cannot be found by affixing it on some conspicuous part of his last known place of abode or business, or by giving or tendering it to some adult male member or servant of his family or by causing it to be affixed on some conspicuous part of the property to which it relates : Provided that where the person on whom the order is to be served is a minor, service upon his guardian or upon any adult member or servant of his family shall be deemed to be service upon the minor. (4) Any person aggrieved by an order of the Collector under sub-section (2) may, within a period of thirty days from the date of the service of the order, prefer an appeal to the Court of the District Judge within whose jurisdiction the property is situate. (5) The District Judge may either dispose of the appeal “himself” or may transfer it to the Court of any Additional District Judge or Civil Judge under his administrative control and may also withdraw any such appeal and either dispose of the same or transfer it to any other Court of Additional District Judge or Civil Judge under his administrative control, and in every case the decision of the Court shall be final. (6) Where an order passed under sub-section (2) has not been complied with and the time for appealing against such order has expired without any appeal having been preferred or the appeal, if any, preferred within that time has been dismissed, the Collector shall obtain possession of the property in respect of which the order has been made, using such force, as may be necessary, for the purpose, and then deliver it to the Board. (7) In exercising his functions under this section the Collector shall be guided by such rules as may be made in that behalf by the State Government. 57-A. Recovery of possession of waqf property from unauthorised occupants.—(1) If the Board is satisfied after making an inquiry in such manner as may be prescribed that any person is in unauthorised occupation of any immovable property entered as property of a waqf in the register of waqfs maintained under Section 30 it may sent a requisition to the Collector within whose jurisdiction the property is situate to obtain and deliver possession of the property to it. (2) The provisions of sub-sections (2), (3), (4), (5), (6) and (7) of Section 49-B shall mutatis mutandis apply in relation to a requisition under sub-section (1) as they apply in relation to a requisition under sub-section (1) of that section.” It is, therefore, clear that under Section 29 of the 1960 Act a detailed procedure has been provided for registration of the Waqf. The application has to contain the particulars provided for in sub-section (3) of Section 29. Sub-section (4) of Section 29 requires that such application should be accompanied by a copy of the Waqf Deed, and if no such deed has been executed or a copy thereof cannot be obtained, then full particulars of the origin, nature and objects of the Waqf have to be mentioned. Sub-section (7) of Section 29 requires that the Board shall make such enquiries as it thinks fit in respect of the genuineness and validity of the application and the correctness of any particulars stated therein before registration of the Waqf. Under Section 30 of the 1960 Act, a register of Waqf has to be maintained containing the particulars provided for in the Section. Section 49-A of the 1960 Act provides that no transfer by sale of any movable property of the Waqf shall be valid without the previous sanction of the Board. Under Section 30 of the 1960 Act, a register of Waqf has to be maintained containing the particulars provided for in the Section. Section 49-A of the 1960 Act provides that no transfer by sale of any movable property of the Waqf shall be valid without the previous sanction of the Board. Under Section 49-B of the Act the Board may send a requisition to the Collector, if it is satisfied after making an inquiry that the immovable property entered as property of the Waqf in the register of Waqf maintained under Section 30 has been transferred without the previous sanction of the Board. Under Section 49-B (2) of the 1960 Act the Collector upon receipt of the aforesaid requisition shall pass an order directing the person in possession of the property to deliver the property to the Board and any person aggrieved by the order of the Collector can prefer an appeal to the Court of District Judge under sub-section (4) of Section 49-B. 9. Section 57-A of the 1960 Act deals with recovery of possession of waqf property from unauthorised occupants. It provides that if the Board is satisfied after making an inquiry that any person is in unauthorised occupation of any immovable property entered as property of a waqf in the register of waqfs maintained under Section 30, it may send a requisition to the Collector to obtain and deliver possession of the property. Sub-section (2) of Section 57-A further provides that provisions of sub-sections (2) to (7) of Section 49-B shall mutatis mutandis applied in relation to a requisition under sub-section (1) as they apply to a requisition under sub-section (1) of Section 49-B. 10. The scope of an appeal under Section 57-A read with Section 49-B of the 1960 Act came up before this Court in Smt. Amina Khatoon (supra) and after referring to the provisions of Section 49-B of the 1960 and Section 57-A of the Act the Court observed as follows : "It will be seen that the scope of an appeal under Section 57-A read with Section 49-B is not restricted to any specific grounds. Sub-section (2) of Section 57-A simply says that the provisions of sub-sections (2) to (7) of Section 57-B shall mutatis mutandis apply in relation to a requisition under sub-section (1) of Section 57-A as they apply to a requisition under sub-section (1) of Section 49-B. Sub-section (4) of Section 49-B which will apply to an appeal filed under sub-section (2) of Section 57-A merely confers on an aggrieved person the right to file an appeal to the District Judge against an order of the Collector under sub-section (2). There is, however, nothing in sub-section (4) of Section 49-B or even Section 57-A which might justify the conclusion that in an appeal filed against an order of the Collector directing the person alleged to be in unauthorised occupation to deliver the property to the Board, the scrutiny shall be confined only to the question whether the Board has issued any requisition to the Collector and not to the further question whether the person who is alleged to be in unauthorised occupation by the Board is in fact in occupation of the property without any right or title. The words used in Section 57-A(2) read with Section 49-B(4) are of wide amplitude not hedged in by any restrictive clause and there is nothing in the scheme of the Act which may justify the conclusion that the District Judge is barred from examining the question whether the occupation of the person proceeded against by the Board under Section 57-A is lawful, that is, whether he has any right or title to remain in possession over the property. Further, it is apparent from sub-section (2) of Section 57-A that in substance the appeal that is provided to the aggrieved person is against the action of the Board in sending a requisition to the Collector to obtain and deliver possession of the property and not merely the action of the Collector in executing the requisition. Consequently, all questions legitimately arising in an appeal against the action of the Board including the question whether the occupation of the person proceeded against by the Board is lawful can be investigated in an appeal by the District Judge. Consequently, all questions legitimately arising in an appeal against the action of the Board including the question whether the occupation of the person proceeded against by the Board is lawful can be investigated in an appeal by the District Judge. Indeed, there would be no point in providing for an appeal to the District Judge, which is a Court of justice and law, if the only intention were to confer a limited power on the appellate Court to examine whether a requisition has in fact been issued by the Board. Learned District Judge has, therefore, clearly failed to exercise the jurisdiction which was vested it by law in not considering the claim of Smt. Amina Khatoon that she was in lawful occupation of the property as a mutwalli. Smt. Amina Khatoon having died, the question which would survive for consideration is whether Tariq Akhtar Ansari who has been substituted in these proceedings has any right, title or interest to remain in occupation of the property.” (emphasis supplied) 11. A perusal of the aforesaid judgment clearly shows that the power of the Appellate Court is not restricted to merely examining whether the requisition has, in fact, been issued by the Board and there is nothing in the section which would bar the District Judge from examining the question whether the occupation of the person proceeded against by the Board under Section 57-A is lawful and whether he has any right or title to remain in possession over the property. 12. It is on the same analogy, that the learned Counsel for the Revisionists has urged that the Appellate Authority under Section 52(4) of the Act is required to examine whether the property was validly registered as a Waqf property under Section 30 of the 1960 Act. It would, therefore, be necessary to reproduce the relevant provisions of Section 52 of the Act. “52. Recovery of wakf property transferred in contravention of Section 51.—(1) If the Board is satisfied, after making any inquiry in such manner as may be prescribed, that any immovable property of a wakf entered as such in the register of wakf maintained under Section 36, has been transferred without the previous sanction of the Board in contravention of the provisions of Section 51, it may send a requisition to the Collector within whose jurisdiction the property is situate to obtain and deliver possession of the property to it. (2) On receipt of a requisition under sub-section (1), the Collector shall pass an order directing the person in possession of the property to deliver the property to the Board within a period of thirty days from the date of the service of the order. (3) Every order passed under sub-section (2) shall be served— (a) by giving or tendering the order, or by sending it by post to the person for whom it is intended; or (b) if such person cannot be found, by affixing the order on some conspicuous part of his last known place of abode or business, or by giving or tendering the order to some adult male member or servant of his family or by causing it to be affixed on some conspicuous part of the property to which it relates : Provided that where the person on whom the order is to be served is a minor, service upon his guardian or upon any adult male member or servant of his family shall be deemed to be the service upon the minor. (4) Any person aggrieved by the order of the Collector under sub-section (2) may, within a period of thirty days from the date of the service of the order, prefer an appeal to the Tribunal within whose jurisdiction the property is situate and the decision of the Tribunal on such appeal shall be final. (5) Where an order passed under sub-section (2) has not been complied with and the time for appealing against such order has expired without an appeal having been preferred or the appeal, if any, preferred within that time has been dismissed, the Collector shall obtain possession of the property in respect of which the order has been made, using such force, if any, as may be necessary for the purpose and deliver it to the Board.” 14. It needs to be mentioned that in the present case, the Collector had passed the order under Section 52(2) of the Act on 21st December, 1998 and the appeal was filed before the Waqf Tribunal under Section 52(4) of the Act, as the Act had been brought into force w.e.f. 1st January, 1996. It needs to be mentioned that in the present case, the Collector had passed the order under Section 52(2) of the Act on 21st December, 1998 and the appeal was filed before the Waqf Tribunal under Section 52(4) of the Act, as the Act had been brought into force w.e.f. 1st January, 1996. The provisions of Section 52 (2) and Section 52 (4) of the Act are in paria materia with the provisions of Section 49-B (2) and Section 49-B (4) of the 1960 Act respectively except for the fact that in the 1960 Act the appeal is to be filed to the Court of District Judge whereas under the new Act it is required to be filed before the Tribunal. 15. The Tribunal has been constituted under Section 83 of the Act and is to consist of one person who shall be a member of the State Judicial Service holding a rank not below the rank of District, Sessions or Civil Judge Class I. Under Section 83 (5) the Tribunal shall be deemed to be a Civil Court and shall have the same powers as may be exercised by a Civil Court under the Code of Civil Procedure. Under sub-section (7) of Section 83 of the Act, the decision of the Tribunal shall be final and shall be binding upon the parties and the applicant and it shall have the force of a decree made by the Civil Court. In the judgment under appeal the Tribunal has only examined whether the property in dispute had been registered in the Waqf register and it has declined to consider any other issue and dismissed the appeal as it found that the property in dispute had been entered at Serial No. 44-A of the Waqf register. 16. The records indicate that it was seriously contended by the appellants-revisionists that no such Waqf deed had been executed by Mohd. Saghir and it had wrongly been registered under Section 29 of the 1960 Act. It was also seriously contended that apart from the fact that various suits had been filed by the parties, the applicants had also filed a Revision under Section 29(8) of the Act against the order of the Board for registration of the Waqf deed and the said Reference No. 166/70 of 1994 was pending disposal before the Waqf Tribunal. It was also seriously contended that apart from the fact that various suits had been filed by the parties, the applicants had also filed a Revision under Section 29(8) of the Act against the order of the Board for registration of the Waqf deed and the said Reference No. 166/70 of 1994 was pending disposal before the Waqf Tribunal. The Tribunal in view of the decisions of this Court in Smt. Amina Khatoon (supra), was required to be examine whether the registration of the property in dispute as Waqf property had been validly made under Section 29 of the 1960 Act particularly when the order passed by the Board for registration of the Waqf was also under challenge in the reference filed by the applicant which was pending before it. The Tribunal failed to exercise the jurisdiction which was vested in it by law as it refused to consider these issues and just confirmed the scope of the Appeal to the limited extent of finding out whether the disputed Waqf was entered in the register or not. 17. Learned Senior Counsel for the opposite party, however, contended that the decision of this Court in Smt. Amina Khatoon (supra) would have no application as in the present case the Tribunal was exercising the power under Section 52(4) of the Act corresponding to Section 49-B(4) of the 1960 Act and not under the old Section 57-A of the 1960 Act corresponding to Sections 54 and 55 of the Act. Though it is correct, that the provisions of Section 54(4) of the Act dealing with removal of encroachment from Wakf property now gives a specific right to the person aggrieved to establish before the Tribunal that he has right, title or interest in the land but the decision of this Court in Smt. Amina Khatoon (supra) was rendered taking into consideration the provisions of Section 57-A and 49-B of the earlier Act of 1960 which are analogous to the provisions of Section 52(4) of the Act and, therefore, the decision will be applicable to the facts of this case. 18. In view of the aforesaid, the judgment and order dated 10th May, 1999 passed by the Waqf Tribunal is liable to be set aside and is, accordingly, set aside. 18. In view of the aforesaid, the judgment and order dated 10th May, 1999 passed by the Waqf Tribunal is liable to be set aside and is, accordingly, set aside. The Tribunal shall hear the appeal afresh along with the Reference No. 166/70 of 1994 filed by the applicants for cancelling the order of registration dated 25th June, 1998, and decide them in the light of the observations made above. It is made clear that during the pendency of the appeal, the applicants shall not be dispossessed in view of the order dated 12th February, 1999 passed by this Court in Civil Misc. Writ Petition No. 5343 of 1999. 19. The Civil Revision is allowed to the extent indicated above. There shall be no order as to costs. ————