Calcutta High Court
Rahamat Ali And Ors. vs Chikan Bibi Wife Of Azgar Ali And Ors. on 19 June, 1917
Equivalent citations: 41IND. CAS.684, AIR 1918 CALCUTTA 829(2)
JUDGMENT
1. The only question involved in this appeal is whether the wakfnama set up by the defendant is a valid document.
2. In determining the question, we have to see whether the effect of the deed was to give the property in question substantially to religious and charitable uses, or whether the effect was to give the properly in substance to the donor's family. See Mujib un-nissu v. Abdur Rahim 28 I. A, 15 : 5 C. W. N. 77 : 23 A. 233 : 11 M. L. J. 58 : 3 Bom. L. R. 114 : 7 Sar. P. C. J. 829 (P. C.).
4. The wakfnama enjoins the mutawalli to perform the acts and ceremonies mentioned in the documents and provides for the preservation and repair of the mosque. Then it says that after deducting the expenses for all these acts from the income of the wakf property, the daughters of the founder would take the balance of the income as their remuneration.
5. The dominating purpose and intention of the grantor in executing the deed evidently was to provide for religious and charitable purposes and the secondary and subsidiary object was to secure for his daughters any surplus that might remain after defraying the experses. We think, therefore, that the wakfnama, though not governed by the provisions of Act VI of 1913, is valid.
6. That being so, the decree of the lower Appellate Court is affirmed and the appeal is dismissed with costs.