wakif and claim a declaration that the wakf is valid and that alienations of the wakf property made by the wakif, and after his death ... declaration that the deed of wakf of October 29, 1917, was valid, and that the alienations of wakf property, seven in number, referred
Navsari Court, for accounts, in which it was alleged that wakf property had been alienated, and he was examined, but in the end the suit ... under the Muhammadan law the Kazi has authority to sanction alienations of wakf property and that two of the relevant documents have been attested
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
custom in the District of Broach in favour of an alienation of wakf property is recognised by Westropp, C.J. in Abas Alii v. Ghulam ... cannot be said that according to Muhammadan Law the wakf property can nevsr be validly alienated. Under these circumstances I think that on the pleadings
have restrained all those in
management of the Wakf properties/Muslim Trust, from
alienating and/or encumbering the such properties
during the pendency ... from the Maharashtra
State Board of Wakf for alienating the said "Masjid"
property. That if at all the sale/transfer/alienation
Trusts and Wakfs
may be thin, but the main factor always is that while Wakf
properties vest in God Almighty, the Trust properties ... 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
suit property from Muntakhab holder and he is not
ready to give possession to Wakf Board even when it is
wakf property ... property. Under the provision the
Wakf Act, 1954 and the Wakf Act 1955 alienation of wakf
property is illegal and void ( Section 51 of Wakf
respect of encroachment and
illegal alienation of wakf property. The
Petitioner has filed several complaints against
the encroacher.
6. It is the case
custom in the District of Broach in favour of an alienation of wakf property is recognize 1 by Westropp C. J. in Abas Alli ... cannot be said that according to Mahomedan law the wakf property can never be validly alienated. Under these circumstances I think" that
person who was alleged to have unauthorisediy alienated some of the suit properties. He could certainty not be appointed the next friend of the plaintiff ... have the alienation ma la by their father an cousins se-, aside and the wakf property restored to the service of the mosque. They were
