Mrs. Ameena Jung And Anr. vs Faridi Waqf Thru. Mutwalli Mrs. Anush ... on 21 May, 2024
56. It is no doubt true that the scope of revision is not as wide as rights exercised by an Appellate Authority but the fact remains that even while exercising the powers of revision in terms of Section 83 (9) of the Waqf Act, 1995, the Court has the power to see the legality and proprietary of the order impugned and in order to ascertain the same, this Court in the aforesaid facts and circumstances finds that there are number of issues which require consideration; (i) Whether in terms of Clause 6, the subsequently purchased properties were waqf property or not; (ii) whether a lease hold property could be made the subject matter of a waqf (iii) whether the mutawalli who by his conduct has been treating a particular property as a waqf and later takes recourse to certain acts which is adverse to his status of a mutawalli viz.a.viz. the Waqf and its effect; (iv) whether the free hold deed got executed by the mutawalli in his personal name and thereafter the said property was sold to the respondent no. 5, what rights would accrue to the respondent no. 5 is also an issue to be considered; (v) whether the respondent no. 5 was a bonafide purchaser for valuable consideration and whether his rights are protected in terms of Section 44 of the Transfer of Property Act; (vi) whether the provisions of the Transfer of Property Act viz.a.viz, the provisions contained in the Government Grants Act, 1885 are applicable; (vii) whether Mohd. Abdul Jalil Faridi could have bequeathed the waqf properties by way of a will and could have made his daughter a mutawalli by a testamentary disposition to the exclusion of his sisters as per their personal law is also an issue which requires consideration; (viii) whether the decisions of this Court in Mst. Peeran and Abhishek Shukla (supra) would have an impact in the given facts and circumstances of this case.