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15- Section 36(A) of the Wakf Act, 1954 reads as under:-

"36(A) Alienation of Wakf Property without sanction of Board to be void - (1) Notwithstanding anything contained in the wakf deed, any gift, sale, exchange or hypothecation of any immovable property which is wakf property, shall be void unless such gift, sale, exchange or hypothecation is effected with the prior sanction of the Board.
(2) The Board may, after publishing in the Official Gazette, the particulars relating to the transaction referred to in subsection (1) and inviting any objections and suggestions with respect thereto and considering all objections and suggestions, if any, that may be received by it from the concerned mutawalli or any other person interested in the wakf, accord sanction to such transaction if it is of opinion that such transaction is-

The aforesaid statutory provisions of law bars any transaction of any Wakf property without there being a permission from the Wakf Board. Even if, the statements made by the defendants are accepted in toto, the same reveals that the house in question mortgaged on 14/08/1965 and it was sold by a registered sale deed dated 23/09/1974 in favour of the Mumtaz Bi but the fact remains that the house was declared as Wakf on 19/09/1958 and by no stretch of imagination, it could have been sold or mortgaged (for a period more than one year) without the permission of Wakf Board. 16- Not only this, a person who has executed the sale deed was simply chief priest and he could not have alienated the Wakf property in the manner and method it has been done and in those circumstances, the Wakf Tribunal has declared the sale deed dated 23/09/1974 as void and has also held that the property in question is a Wakf property, however, the plaintiffs have been directed to pay Rs.3,500/- to the defendants which was the amount received while mortgaging the property.