that Ex. 2 is a deed of wakf and that the properties comprised therein are wakf properties.
9. It is a well-settled principle ... authorising alienation, contains a specific clause to the effect that the properties should not be alienated. That being the position, alienation of the wakf properties
property belongs
to Mosque (Wakf Property).
15- Section 36(A) of the Wakf Act, 1954 reads as under:-
"36(A) Alienation of Wakf Property ... deed was
simply chief priest and he could not have alienated the Wakf
property in the manner and method it has been done
Wakf Act, 1995 (Act 43 of 1995), all the wakf properties
should be notified. If any properties are left out, then as per Section ... that granting innocuous injunction that the first respondent should not
alienate the wakf properties, might not be injurious to the first respondent,
but the Court
that the leasehold is not wakf property. Section 36 provides
for registration of wakf property, section 51 for alienation and section
52 for recovery ... there
is finding in impugned order that the leasehold is wakf property,
unlawfully alienated. On the contrary the question formulated is for
determination whether
said title property. It is further alleged that the
alienation of Wakf property is against Section 51 of Wakf Act, 1995.
http://www.judis ... petitioner contended that under
Section 51 of the Wakf Act alienation of Wakf property without sanctioning of
Wakf Board is void under Section
Wakf Act, 1995 (Central Act 43 of
1995) (herein after referred to as 'the Wakf Act ')
dealing with alienation of wakf property ... Wakf Act provides for issuance of notice to
the Wakf Board before alienation of wakf properties. As
WP(C).No.26242
express provision in the wakf - deed a Mutawalli is not entitled to make any alienation of the wakf property, even for legal necessity without ... wakf. The total extent of the property as given in the wakf deed is 14.8 acres and the extent of the two alienations
enquiry and take action against the second respondent for
illegally alienating the wakf property at S.No.1284/1, Thiruvallikeni Village,
Block ... enquiry and take action against the
second respondent for illegally alienating the wakf property at S.No.1284/1,
Thiruvallikeni Village, Block
restrain all those in management of the Wakf properties from
alienating and/or encumbering the Wakf properties during
the pendency of the proceedings before this ... permit any of the persons in management of such
Wakf properties to either encumber or alienate any of the
properties under their management, till
Andhra Pradesh Wakf Rules, 2000
12. Conditions and restrictions subject to which may transfer, purchase or alienate Wakf property under Sections