suit property for the last about one century.
Their title is valid. The suit property is government
property and not of a Wakf character ... wakfs." Under
section 4 of the Old Wakf Act, Survey
Commissioner(s) could only make a "survey of
wakf properties existing
property, and (3) the mosque and its adjuncts were all
wakf properties of a public and charitable nature dedicated
by the predecessor of the appellants ... properties in dispute were
the exclusive properties of the Labbais, this expression was
not meant to indicate that they were their private
properties. This
expression `Wakf
property' must be given a restricted interpretation so as to include the
property attached to the Wakf created by Muslims only ... term `wakf' property as embracing property
impressed with the character of a charitable trust amongst the
Hindus. A property burdened with the obligation
whether a wakf specified in such list is a Shia
wakf or Sunni wakf, the Board or the
mutawalli of the wakf or any person ... interest of the wakf or any other person
26
interested in the wakf or the wakf property to
transfer such application to any other
Tribunal
whether a particular wakf is a Shia wakf
or Sunni wakf and there are clear indications in the
deed of wakf as to its nature ... wakf is a Shia wakf or a
Sunni wakf, then the Board or the mutawalli of the wakf
or a person interested in the wakf
Thus, the Wakf Tribunal can decide all disputes, questions or other
matters relating to a Wakf or Wakf property. The words "any dispute,
question ... approach the Wakf
Tribunal for the determination of any dispute, question or other matters
relating to a Wakf or Wakf property, as the plain language
that the property in
question is a Wakf property. Since the property is not a Wakf property,
the Wakf Tribunal has no jurisdiction to entertain ... respect of any dispute,
question or other matter relating to any wakf, wakf property or other
matter which is required by or under this
Wakf Board" constituted under the wakf Act (hereinafter
referred to as the " Wakf Act "). The Wakf board is entrusted with the duty ... been found as Wakf would always retain
its character as a Wakf. In other words, once a Wakf always a Wakf and the
grant
invalidated the notifications; and that the land of the
appellants being wakf property it ought to have been
excluded on the basis of the notification ... institutions on the
very land and that if the exemption for wakf property is not
applicable to such educational and charitable institutions
run by Hindus
other name; (c) owned, possessed, held or controlled by a person whose properties are under the management of any administrator or receiver, by such administrator ... temple, church, mosque, gurdwara or other religious institution; (k) which is wakf property, by the mutawalli of such wakf; (l) owned, possessed, held or controlled
