Tribunal Section 54 deals with removal of encroachment from the Wakf property. Any person aggrieved by the order passed by the Chief Executive Officer could ... also enables the Tribunal to entertain application concerning alienation of Wakf property.
9. The above mentioned and other provisions would indicate that considerable powers have
properties forming the nucleus of the
wakf. Once a wakf is created, the title of the wakif in the
dedicated property is extinguished and vests ... wakif is entitled to reserve power to alienate any portion of
the wakf properties, but for the benefit of the wakif. In the
instant case
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benefit of the Wakf. For the tenant to contend that since the Wakf
property vests in God Almighty, a Mutawalli cannot ... Wakf property is both preposterous and
untenable. Although it is true that the beneficiaries of the Wakf
cannot claim any title in the Wakf property
provisions of the Bengal Wakf Act, 1934, by virtue of the definition of "wakf' and "wakfs-al-al-aulad" in Sections ... private wakfs from their purview.
16. Mr. Munshi submitted that the learned single Judge had misapplied the concept of non-alienability of wakf property
then was) the question of validity of an alienation of wakf property without permission of the Court came up for consideration and it was held ... validity of an alienation made by a Mutwalli in violation of the provisions of Section 36-A of the Wakf Act and came to hold
appellant was maintainable. Section 36-B of the Wakf Act was duly incorporated in the Wakf Act in 1964. There is no provision ... getting the possession. The right to recover the property, either trespassed or unauthorisedly alienated, is a common-law right. That right is not conferred
Alienation of waqf property without sanction of Board to be
void.-- (1) Notwithstanding anything contained in the waqf deed, any lease
of any immovable property ... section 51 read:
"51. Alienation of wakf property without sanction of Board to be
void.--(1) Notwithstanding anything contained in the wakf deed
setting up of Wakf Tribunals to consider questions and disputes pertaining to wakfs.
(g) There are instances of misuse of wakf properties either with ... incorporate in the Bill a provision so that the alienation of wakf properties will not be easy.
(h) At present, the Wakf
Mutwaili and she prayed that the property in suit might bo declared wakf and that certain alienations made by her stepson since her husband ... alienated and for the incidental: declaration that the property being wakf property could not be alienated and that where consequential relief was available
learned advocate for the appellants the alienation of debuttar, or wakf properties was by the mohunt, shebait or mutwalli as such; in the present case ... settled that a distinction exists so far as wrongful alienation of debuttar or wakf properties by way of lease and that
