Document Fragment View
Fragment Information
Showing contexts for: Alienation of wakf property in Asraf Ali Khan & Ors vs Mastan Dargha & Ors on 26 April, 2010Matching Fragments
3. Defendant no.4 has filed written statement supporting the case of the plaintiff. The Wakf Board has pleaded that the plaintiff institution is a Muslim religious public institution all along managed by a Managing Committee represented through its Members/Secretary. The suit property was recorded in the name of the plaintiff institution in Sabik R.O.R. published in 1932 in "Sthitiban" status and the property was surveyed and notified as Wakf property vide the Gazette notification in the year 1968. The plaintiff institution being a minor the property was in khas possession of Wahab Manawar, who was a mutawalli. It is further pleaded under the Mohammedan law a mutawalli is merely a Manager of the institution and he cannot alienate the wakf property without prior sanction of the Kazi or the District Judge or the Wakf Board, as the case may be. Since Wahab Manawar alienated property without prior sanction from competent authority, sale deed in question is void, illegal and inoperative in law. The defendant no.4, therefore, prayed that the suit of the plaintiff be decreed.