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
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
that the
properties are Wakf properties and pursuant to the notification dated
11.02.1959 and proforma, the Wakf Board had registered the property in
its register ... Wakf property, then no person can claim a right over the
property, except otherwise than through the then existing Wakf
premises belonging to a Wakf registered
with the Tamil Nadu Wakf Board was also brought within the purview of public
premises ... deal
effectively with the issues of encroachment and alienation of Wakf properties.
Accordingly, Section 54 of the Act was also amended, and it provided
aforesaid three properties. Moreover, the order
states “to release the remaining properties of the Khaja Mian Wakf Estate from
the Wakf character for the absolute ... property from wakf character, then the interpretation stated
by the petitioner that the enjoyment is only a limited enjoyment and the
property cannot be alienated
aforesaid three properties. Moreover, the order
states “to release the remaining properties of the Khaja Mian Wakf Estate from
the Wakf character for the absolute ... property from wakf character, then the interpretation stated
by the petitioner that the enjoyment is only a limited enjoyment and the
property cannot be alienated
several years and
he is misappropriating the funds and illegally alienating the wakf properties for
his individual profit. Hence, the proceeding was initiated under Section ... property
illegally alienated by the said Amanullah, issued proceedings under Section 51
of the Act to take action against the illegal alienations. Immediately, sensing
that
before the Karnataka Wakf
Tribunal, Bangalore Division, Bangalore under Section 83(2)
and (5) of the Wakf Act, 1995 . The Wakf Tribunal allowed the
application ... alienation of wakf property, and plain reading of the said
provision indicates that, the wakf property shall not be
alienated without sanction of the Board
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
Title Deed No.1385 describes this property as Devadayam,
which is in alienable. The said property been under the control of Jumma
_________
Page ... Wakf Board has appointed one Hussain Khan as the
Muthavalli for Husain Mastan Dargah. Without the knowledge of the
Muthavalli, Noorkhan had alienated the property
