Wakf

Office of Mutawalli cannot remain vacant, any other person can be appointed Mutawalli, if the incumbent had not appointed his successor in his life time

In the present case, neither the founder had nominated the successor of the Mutawalli (one mentioned) in the Wakf deed nor the named Mutawalli had nominated his successor

Anjuman, through its office-bearers, took over Mutawalliship of the Wakf property by congregation and such appointment was valid.

In the present case, the deed of Wakf expressly conferred power upon "M" (named trustee in the will) to sell or mortgage the Wakf property and the only condition which had been imposed in the will, was that sale proceeds will be utilized for the improvement and benefit of the mosque

"M" having died in the year 1938, power of sale or mortgage passed on the Mutawalli who succeeded him.

Property utilized for religious purpose for the time immemorial can be treated as Wakf by user and court can infer that property used for the purpose of mosque etc. does not stand merely by leave and licence of the owner and is no longer property of the original owner

Dedicated property, in the present case, remained in the use of an Anjuman for the benefit of a specified mosque in the Wakf deed for the considerable long period being Wakf by user

Property remained validly in the hands of Anjuman, office-bearers of the Anjuman who found that mosque was in dilapidated condition, required construction, sold the Wakf property and utilized its sale proceeds on the reconstruction of the mosque

Sale transaction which was completed as far back as in the year 1940, could not be set at naught after 63 years

Managing Committee of the mosque/objectors to such sale had failed to justify unreasonable delay in taking action at the relevant time and had to establish that Managing Committee of the mosque for which the property was dedicated was the successor of Mutawalli appointed by the donor/founder

Sale proceeds were utilized in the year 1940 for the reconstruction of the mosque as was specified in the Wakf deed

Sale proceeds of Wakf property therefore, were utilized according to the desire of the founder as expressly mentioned in the Wakf deed.

Wakf - Wakf-alai-aulad, private wakf, but all private wakfs are not wakf-alai-aulad-Bengal Wakf Act (XIII of 1934), S. 6 (11).

Wakf-alal-aulad-Can be created Ar maintenance and support wholly or partially of family, children or descendants of wakif without allotment of any sum out of income for charitable purpose during their life-Ultimate benefit must be reserved for purpose recognized by Muslim Law though deferred till extinction of family's children and descendants of wakif-Mere provision for sum for public charities without specifying property thereto does not validate wakf to that extent-"Family"-Term comprehensive, may include persons not related to wakif or distant kindred who cannot be called descendants-"Heirs of children" to inherit wakif's property, (provision in wakfnama)-Wakfnama, held, invalid as heirs may include not members of family nor children nor descendants-Mussalman Wakf Validating Act (VI of 1913).

Wakf Waqf-Property dedicated to God - Income used by Managers as their own-Misuse.

Suit in respect of-Forum-To be deter mined by C. P. C. (V of 1908), S. 15-Court of Munsif competent to entertain suit.

Estate sued in name of wrong persons as Mutwalli-Decree not binding on estate.