P (PLP)
ABDUL SOBHAN BHUYA and another‑Defendants‑Appellants Versus WASIN BHUYA and on his death some of his heirs and
| Citation | P (PLP) |
| Forum / Court | |
| Bench Members | Akram, C. J. and Amin Ahmed, J. |
| Parties | ABDUL SOBHAN BHUYA and another‑Defendants‑Appellants Versus WASIN BHUYA and on his death some of his heirs and |
Q1: What are the key laws and sections cited in P (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P (PLP)?
The case was heard and decided by the bench comprising: Akram, C. J. and Amin Ahmed, J..
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P (PLP) (ABDUL SOBHAN BHUYA and another‑Defendants‑Appellants Versus WASIN BHUYA and on his death some of his heirs and). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Jitendra Nath Guha f or S. P. Ghosh, for Respondents.
Headnotes / Summary
(a) Muhammadan Law‑
Wakf‑Whether wakif can alter arrangement as to appointment or removal of Mutwalli. F, by two wakfnamas, made wakf of 2/3 of certain property owned 'by .him: According to the two deeds F made himself Mutwalli during his lifetime, and after his death, W, one of his sons, was to be the Mutwalli. The deeds also empowered. W to nominate his successor and indicated the class of persons from whom W was to nominate his successor. After the death of F, W along with three others (sons and a grandson of F) execut ed a wakfnama by means of which they disposed of the‑ re maining-i‑share of the properties of F left over after the earlier wakfs. and constituted themselves joint Mutwallis in respect of all the properties of F : if one of these joint Mutwallis died his . survivors or survivor were to be the Mutwalli. Held, that even a Wakif, after he has created a Wakf and made provision for the appointment of Mutwalli has no power, td alter the arrangement and remove the Mutwalli appointed by him, unless he reserves such powers at the time he creates the Wakf. Much less can a successor of the Wakif do the same. 49 C W N 311 referred to. (b) Muhammadan Law‑
Wakf‑Whether a Mutwalli transfers his office to another. A Mutwalli has no power to transfer his office to another person, unless such power is expressly conferred upon by him by the Wakif but he may appoint a deputy to assist him in1 the management of the Wakf property. 37 Cal. 263 referred to. Birendra Kumar De. for Hemendra Ch. Sets, o Appellants. Bhupendra Nath Roy Choudhnry, Deputy Registrar.
Judgment & Decree
AKRAM, C. J.
I agree. A. R. Appeal dismissed.