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Showing contexts for: Alienation of wakf property in Gulam Ali Saha And Ors. vs Sultan Khan And Anr. on 28 February, 1966Matching Fragments
4. Mr. Mohanty advanced two contentions
(i) Plot Nos. 5.17 and 5.18 recorded as "Pir Imam Saheb" as per Exts. 8. 9 and 10 constitute Wakf property and alienation of such property is void ab initio; and
(ii) No amount of breach of trust by way of alienation by the trustees would alter the character of the trust and the legal character of the property.
5. There was controversy in the Courts below us to whether these two plots constitute wakf or sudaqah. The learned trial Court held it to be a wakf while the lower appellate Court considered it as sadaqah.