suit Darga and its property belongs to a wakf i.e.,
Wakf-alal-aulad, and the Wakf Board had no jurisdiction to
appoint Muthavllis ... suit, the plaintiffs claimed the
suit property as their private property and not as private Wakf
property and only in the said circumstance the High
cannot be applied with equal force to a private wakf or wakf alal-aulad. Private wakfs or wakfs alal-aulad, it was submitted ... private wakf in regard to the vesting of the wakf property and none has been shown to us. The creation of a wakf is essentially
wakf Validating Act, 1913 , the term "wakf" has been defined exactly in the same manner as referred to hereabove. It recognises private Wakf ... convert private Wakf into the public wakf for obviously it provides that it does not include a Wakf which is described under Section
provisions of the Wakf Act, 1954 , or the Wakf Act, 1995 , were to be applicable to all wakfs including wakf-al-al-aulad, then ... Munhsi that the Wakf Act, 1995 , will have application to wakfs-al-al-aulad or wakfs created for private and secular purposes to the extent
public or private Wakf (Wakf-alal-aulad). Under Muslim Law, there is no such distinction between Public and Private Wakfs The Muslim Law treats both ... divided into two Classes (1) Public and (2) Private. Private Wakfs may again be sub-divided into Wakfs exclusively for the benefit of the settlor
Wakf Board and the Wakf Board alone is competent to appoint Trustees and that the Wakf Tribunal controls over the Wakf and admittedly, the subject ... Wakf and a portion of the Wakf income being spent for the members of the family of the author of the Wakf, the Wakf
second type of wakfs alone can be designated as composite wakf having the characteristics of public wakf as well as private wakf and in such ... sauit wakf a Public wakf governed by the Wakf Act, 1995 as then the wakf shall have ceased to be Wakf-alal-aulad and acquired
counter affidavit that the Wakf being a public one, it cannot be termed as a WakfAlal-Aulath/Private Wakf. The Dharga and its properties ... provisions of the Wakf Act, 1954 and 1995 and based on the decisions found that the wakf is a private wakf/Wakf-Alal-Aulad
whatever manner which arises relating to a wakf or wakf property can be decided by the Wakf Tribunal. (emphasis supplied)
The counsel's efforts ... Tamil Nadu Wakf Board, and contends that it is a wakf-alal-aulad, and that it possesses elements of a private trust. The strength
suit, the
plaintiffs claimed the suit property as their private property and not
as private wakf property and only in the said circumstance the High ... wakf, wakf properties and the rival claims.
In the aforesaid judgments, the Hon'ble Supreme Court has relegated the powers
to the Wakf Tribunal
