2020, 5/2021]
Amit Rawal, J.
1. This order shall dispose of two revision
petitions CRP(Wakf)Nos.21/2020 and 5/2021 against ... Kavaratti be considered as a Mosque and the
Mutawalli, the then respondent No.1 - Nangotiam Rukhia
since dead, be removed as he, without the permission
2020, 5/2021]
Amit Rawal, J.
1. This order shall dispose of two revision
petitions CRP(Wakf)Nos.21/2020 and 5/2021 against ... Kavaratti be considered as a Mosque and the
Mutawalli, the then respondent No.1 - Nangotiam Rukhia
since dead, be removed as he, without the permission
came into force with effect from 01.01.1996
and there are two(2) provisions expressly barring the
jurisdiction of the Civil Court, Section 85 and Section ... Shia [waqf] or a Sunni
[waqf], the Board or the mutawalli of the
[waqf], or any person aggrieved by the
publication of the list
2011, 558/2011]
AMIT RAWAL, J.
1. This order shall dispose of two CRPs i.e,
564/2011 and 558 of 2011 preferred against ... Tribunal dated 24.02.2004 affirming
the findings of the Wakf Board by entertaining two(2)
Enquiry Petitions i.e., EP Nos.1036
2011, 558/2011]
AMIT RAWAL, J.
1. This order shall dispose of two CRPs i.e,
564/2011 and 558 of 2011 preferred against ... Tribunal dated 24.02.2004 affirming
the findings of the Wakf Board by entertaining two(2)
Enquiry Petitions i.e., EP Nos.1036
election
to the 11 member committee and office bearers, appointment of Interim
Mutawalli for administration of the Waqf till the new administrative
committee is taken ... Jama-ath consists of 11
members elected from general body. There are two Jama-aths standing
separately on their own administrative committee, there
aforementioned suit has been dismissed by the Tribunal,
noting that the Mutawalli has no interest.
2. Learned counsel appearing on behalf of
the petitioners relied ... conflict
for that matter between the aforesaid three
judgments. The first two decisions, namely,
Hamza Hajee (Supra) and Jamal (Supra) only
dealt with the question
whose tenancy, lease or license has expired or has been
terminated by mutawalli or the Board and the remedy lies for
seeking the eviction ... unauthorized use and
occupation.
5. On determination of the tenancy, there are two
options for the tenants, either to participate in the invitation of bids
very ancient
mosque and its origin can be traced to more than two centuries
back. His forefathers had dedicated the property as Waqf ... requirements due to
the persistent demand of the worshipers, the then mutawalli decided
construct a separate structure attached to the mosque building.
Therefore the permission
Board shall
decide the claim of the revision petitioner for
appointment of Mutawalli and thereafter proceed with
the application submitted by the revision petitioner ... decide the same at any rate within a
period of two(2) months from the date of the appearance.
Till such time the decision