Indian Kanoon - Search engine for Indian Law

2. The contest is between the petitioner, Syed Ali Zamin, and Nawab Syed Akbar Ali commonly known as Chotey Nawab. Each of these persons claims to be the Mutwalli of the endowment of Nawab Lutfali Khan. The learned Deputy Collector who tried the question between the parties in the first instance came to the conclusion that Ali Zamin had title but had no possession and that Nawab Akbar Ali had possession but no title, He accordingly referred the matter to the Civil Court under Section 55 of the Act. The learned Subordinate Judge agreed with the learned Deputy Collector that Akbar Ali Khan was in possession of the properties in dispute. He, however, differed from the Deputy Collector on the question of title. He came to the conclusion that Akbar Ali had a good title to the properties. He accordingly certified to the Collector his determination as to the right of possession under Section 63 of the Act.