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10. An alienation made in contravention of a statutory provision which is enacted in public interest is void. Admittedly the permanent leases were granted in violation of Section 58(1) which prohibits grant of lease for more than five years without prior sanction. The transfer by permanent leases is, therefore, void. We are fortified in this view by the earlier decisions of this Court.

In the case of Naba Kishore Panda v. Bulendra, (1974-40 Cut LT 1152), referred to above, Hon'ble S.K. Ray, J. (as he then was) held that a permanent lease created in express breach of the mandatory provisions of S. 58(1) is void. In a subsequent Single Bench decision in the case of Arjuna Jena v. Chaitanya Thakur (1978) 45 Cut LT 461, Hon'ble B.K. Ray, J. also held that a lease created in violation of the provisions of Section 58(1) of the old Act is a void one. For this proposition, his Lordship relied on an earlier Division Bench decision of this Court in the case of Shri Chiranjilal Patwari v. Commr., Hindu Religious Endowments, Orissa, Bhubaneswar (1974) 40 Cut LT 41. In another Single Bench decision of this Court in the case of Gulam Ali Saha v. Sultan Khan, (1966) 32 Cut LT 510 : (AIR 1967 Orissa 55), decided by Hon'ble G.K. Misra, J. (as he then was) the question of validity of an alienation of wakf property without permission of the Court came up for consideration and it was held that the alienation, even though for consideration, was void ab initio. It was further held, relying on the principles laid down by the Privy Council in Masjid Shahid Ganj v. S.G.P. Committee, Amritsar, AIR 1940 PC 116, that Article 144 of the old Limitation Act applies to such a case for acquisition of title by adverse possession.

53. We would think that the aforesaid view represents the correct approach and the extent of the income, which is set apart for the purpose, be it religious, pious or charitable, in the facts, cannot detract from the dedication of the whole property.

54. Another contention taken is that vast extents of wakf property had been alienated by the sons of the original wakif and only about 100 bighas which constitute the subject matter of the appeals before us remained. We are of the view that the argument is beside the point. The fact that the property of the waqf has been dealt with in a manner, which is illegal, or that it was not questioned, cannot deflect us from either finding that there was a valid waqf or that the property which remained of the waqf, must be dealt with in accordance with law. The compromise before the Deputy Director (Consolidation) and the order based on the same are in the teeth of Section 69 of the 1960 Act, therefore, the orders passed by the Consolidated Officer and Settlement Officer about the Waqf would revive.