Abul Fata Mahomed Ishak And Ors. vs Rasamaya Dhur Chowdhuri And Ors. on 24 February, 1891
In
Abdul Fata Mahomed v. Rasamaya (1) their Lordships of the
Privy Council held that the gift to charity was illusory,
and that the sole object of the settler was to create a
family settlement in perpetuity. The waqf of this kind was,
therefore, invalid. Ibis decision aforesaid caused
considerable dissatisfaction in the Mohammedan community in
India. This led to the passing of the Mussalman Wakf
Validating Act, 1913 which was made retrospective in opera-
tion by a subsequent Act of 1930. In view of the Validating
Act of 1913 the validity of the wakf was beyond the pale of
challenge.