that Wakf properties
are dedicated to God and the “Wakif” or dedicator, does not retain any
title over the Wakf properties. As far as Trusts ... Trusts
and Wakfs may be thin, but the main factor always is that while Wakf
properties vest in God Almighty, the Trust properties
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
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
also held by the first appellate court
that the alienations of the Wakf properties were by the
persons who were holding them in trust ... suit
properties, the courts below were wrong in decreeing the
suit on the ground that the suit properties were Wakf
properties and that plea
suit schedule property as a wakf. A notice
inviting objections for registration of the suit schedule property as a wakf
property was issued. No objection ... registration of the suit schedule
property was raised and eventually the property was notified as a wakf
property at serial No 136 of the Mysore
rule or
orders made thereunder.
(c) to allow inspection of wakf properties,
accounts or records or deeds and documents
relating thereto;
(d) to discharge ... prior
sanction of the Board before a wakf property is transferred.
By Act 69 of 1984 such alienations are to be void. When an
application
entirely unjustified. Every
Wakf is a trust but every Public Trust is not a Wakf.
He would submit that a Wakf is perpetual and irrevocable ... revoked
under certain conditions. Wakf property is inalienable.
In the case of a trust, alienation of the Trust property
is not tabooed. The founder
anything
contained in the Wakf Deed, any gift, sale, exchange or mortgage of any
immovable property, which is a Wakf property, shall be void unless ... Collector of the District to obtain
possession of such Wakf property, which is alienated in contravention of
Section 51 or Section
dismissing the suit of the appellant-Wakf Board for possession of the suit
property.
The suit property consists of 48 1/2 cents of land ... service to be Wakf. The Extension Act
required the property to be of a public wakf and not a mere wakf before
Section 3 thereof
suit land” is notified to be a wakf property and as such it
cannot be alienated in exercise of powers under Section ... such has rightly not been held to be a wakf
property in the order dated 31.01.1975 of the Director of Survey
and Settlement. There
