JUDGMENT Hon’ble S.U. Khan, J.—Heard learned Counsel for the parties. 2. The point involved in this writ petition is as to whether Jane Alam-respondent No. 3 is son of Akhlaq Husain or not. Wakf deed in respect of property in dispute was executed by Sadiq and his wife Hanifa in March, 1917 (Hindi transliteration of Wakf deed is Annexure CA-18). Syed Sadiq Husain had four sons and two daughters including Masud Husain and Akhlaq Husain. Petitioner Arif Husain is grand son of Masud. Jane Alam claims to be son of Akhlaq Husain. However, petitioner denies this fact. According to the petitioner, Jane Alam is son of wife of Akhlaq Husain from her previous husband. U.P. Sunni Central Board of Wakf, through order dated 18.1.1989, held that Jane Alam was not son of Akhlaq Husain. Through the said order, requisition was sent to the Collector for eviction of Akhlaq Husain under Section 57-A read with Section 49-B of U.P. Muslim Wakf Act, 1960 (since repealed by Wakf Act, 1995). Against the order of Collector in pursuance of requisition of the Wakf Board dated 18.1.1989, respondent No. 3 filed appeal under Section 49-B(4) of the aforesaid Act. Respondent No.1- A.D.J./Special Judge, E.C. Act, Etawah allowed the appeal (Misc. Wakf Appeal No. 50 of 1989) through the judgment and order dated 9.2.1993. This writ petition is directed against the said order. The A.D.J. mainly allowed the appeal on the ground that in original Suit No. 243 of 1981, Akhlaq Husain accepted Jane Alam to be his son and under Muslim Law, such acceptance was sufficient to prove the relationship of father and son. Akhlaq Husain died in 1983. At the time of his death, he was recognized as Mutwalli. After his death, petitioner was appointed as Mutwalli of the Wakf in question in 1984. Respondent No. 3-Jane Alam applied for his appointment as Mutwalli in 1986. Jane Alam-respondent No.3 is in possession of the house, which is Wakf property. Through order dated 18.1.1989, Wakf Board directed his eviction. 3. Learned Counsel for the petitioner has placed reliance upon several documents filed along with writ petition including copy of Khatauni of 1366 to 1370 Fasli (Annexure-VIII to the writ petition), wherein name of Razaq Ali, one of the co-sharers, who had died, had been removed and at his place, the name of his son Jane Alam-Respondent No. 3 was recorded in the revenue records. On behalf of the petitioner, supplementary-rejoinder affidavit dated 9.11.2006 has been filed. Learned Counsel for the petitioner has placed reliance upon SA-2 annexed along with the said rejoinder affidavit. It is a communication by Akhlaq Husain dated 7.9.1963 to the Wakf Board. In the said communication, it was mentioned that Akhlaq Husain should be appointed as Mutwalli. 4. Learned Counsel for both the parties have also argued that according to Wakf deed, such male issue of the Waqif could be appointed as Mutwalli in whose favour other family members consented. 5. Learned Counsel for the respondent No. 3 has placed reliance upon the following documents to show that respondent No. 3 is son of Akhlaq Husain : (1) Copy of plaint of original suit No.243 of 1981 filed by petitioner and others against Akhlaq Husain and others. In the said plaint, after death of Akhlaq Husain, a substitution application was filed by the plaintiff through which Jane Alam-respondent No. 3 was also substituted as defendant No. 2/2 showing him to be son of Akhlaq Husain. (CA-6) (2) Affidavit of petitioner-Arif Husain in the above suit stating therein that Jane Alam was son of Akhlaq Husain. (CA-8) (3) Written statement of Akhlaq Husain in the above suit ( O.S. No. 243 of 1981) in Paragraph-28 of which it was stated that Jane Alam was his son (CA-9). 6. In respect of substitution application filed in O.S. No. 243 of 1981, learned Counsel for the petitioner has argued that it was filed under some confusion and steps for its correction were being taken. 7. In my opinion, provision of eviction of unauthorized occupants under Section 57-A read with Section 49-B of U.P. Muslims Wakf Act, 1960 were summary in nature. Parentage cannot be decided in such proceedings finally. Declaration regarding parentage affects the status of a person, which may have diverse repercussions. Accordingly, it can properly and finally be decided in a regular suit. 8. Accordingly, writ petition is disposed of with the liberty to any of the parties particularly to petitioner to file regular suit for declaration in respect of parentage of respondent No.3-Jane Alam. The decision of the said suit shall be binding upon the Wakf Board and shall have an overriding effect on the orders passed by the Wakf Board (and the impugned order passed by A.D.J.) in this regard. 9. The writ petition is accordingly disposed of. ————