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16. Mr. Munshi submitted that the learned single Judge had misapplied the concept of non-alienability of wakf property in general in the context of the definition of "wakf" in Section 3(r) of the Wakf Act, 1995. Mr. Munshi urged that the said definition in fact called for a demarcation to be made in cases where in a private wakf or wakf-al-al-aulad, some portion of the usufruct is set apart for religious and charitable purposes.

17. Mr. Munshi submitted that the apprehensions of the learned single Judge that if the wakf properties were allowed to be divided, the portion kept apart for secular purposes would lose its wakf character, was completely unfounded as such portion would always remain a wakf recognised by Mohammedan law and would be governed by the Shariat law as applicable in India by the Shariat Law Application Act, 1937. Section 2 whereof makes it clear that all private wakfs are governed by the Muslim Personal law.