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
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
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
properties to be Wakf and thus immune from any onslaught by or under any partition decree on the footing of their being secular properties liable ... against a stranger to the Wakf or any other person for the recovery of any wakf property wrongfully possessed, alienated or leased, to have
they had revoked the wakf by reason of their necessities, and thenceforth they dealt with the property as if no wakf existed. The defendant ... deed of wakf to have it declared that all the property was wakf, to recover from the transferees all the property alienated by their father
property in question on the ground that it is wakf, and that consequently Abdur Ruzzack was not entitled to alienate it. And he bases ... written statement denied, inter alia, that the property was wakf, or that the plaintiff had any title to maintain this suit. She alleged that Abdur Ruzzack
that an alienation of the property belonging to the endowment by a manager or a trustee of the endowment is void. The alienation ... cases of alienation by a shebait or Mohunt of a debutter property or of such alienation by a wakif of wakf property without legal necessity
mutualli is sufficient authority for the mutwalli for lettirg cut the property. Reference was made to the view, of Mr. Ameer ... mutwalli who finds it necessary to make on alienation of the wakf property. No substantial reason has been assigned why we should depart from this
public Wakf created as far back as 1876 and 1880 and that certain persons while acting as mutwallis illegally transferred certain properties, some of which ... properties. The plaintiff seeks to recover possession of those properties as mutwalli on the ground that they are wakf properties and that the alienations
