valid wakf has been created under Ext. A4.
5. It is next contended that the mukambs in question are wakf by immemorial user ... considered holy by the Muslim community, there is a valid wakf by immemorial user and dedication for a purpose recognised by the Muslim
includes a wakf by user, but does not include a wakf such as is described in section 3 of the Musslaman Wakf Validating ... before any property can be called a wakf property, the judicial decisions also recognised wakf by immemorial user. That has been referred to in section
number of years, wakf by user can rightly be inferred. In other words, in order to prove that a wakf by user has come into ... brought on the statute book existence of Wakf by immemorial user was recognised as giving rise to a presumption of dedication. After the introduction
that the mosque in the
suit property was a wakf by user immemorial; this has been
admitted by the witnesses of the plaintiff himself, coupled ... user has to be
coupled. There is no evidence of which an intention to create a
wakf; user from time immemorial has also not been
Board of Wakfs, U.P., Lucknow, is also to the effect that the wakf in question is an immemorial wakf by user. The original order ... view that the existence of an oral wakf by immemorial user was duly established. We are in agreement with the order of the learned
public, it may be presumed to be a public
graveyard by immemorial user, that is, where corpses of the
members of the Mahomadan community have ... offering prayers since a very long
time and had become wakfs by immemorial user. It was further
alleged that property No. (1) was a public
Wakf property.
15. Section 3 (l) of the Delhi Wakf Act defines a Wakf which inter
alia reads as follows:
"3 (l) "wakf ... wakf; the intention and user has to be
coupled. None of the witnesses of the plaintiff has established
user since time immemorial of this property
been used from time immemorial for religious purpose, then the land is by user wakf through there is no evidence of express dedication ... alleged wakf was created , the wakf may be established by evidence of user; if land had been used from time immemorial for religious purpose such
Wakf by user, and that
burial of dead in a plot of land for a long period of
years is proof, of Wakf by user ... immemorial user, though in the said judgment dt. 11.11.43
it was presumed. Likewise, there is no evidence at all
about the user for time immemorial
goes to show that the property in
dispute became the Wakf Property by user. The observations of
the first appellate Court that there ... there is no evidence
of the suit property having become wakf by immemorial user
are not in consonance with law. A reference may
advantageously
