AZIZA KHATUN Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
STATE OF WEST BENGAL
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M.M.Dutt, J. -
(1.) This is an application for an injunction. The application was filed by the appellants in the appeal preferred against the order of a learned single Judge of this Court discharging the Rule Nisi issued on the Writ Petition of the appellants. Another application has been filed bv four persons praying for their addition as parties respondents in the appeal. Both these applications have been heard together.
(2.) The appellants Nos. 1 and 2 are respectively the widow and son of one Professor Abdul Ali deceased and the appellant No. 3 is the son of one Abdul Bari deceased. In the Writ Petition, the appellants challenged the appointment of one Sheikh Sahidulla and Hafizur Rahaman, the respondents Nos. 4 and 8 respectively in the appeal, as joint Mutwal Act by the Commissioner of Wakfs. West Bengal in respect of the wakf estate enrolled as EC 690 in the office of the Commissioner of Wakfs. It appears that one Abdur Rauf the predecessor-in-interest of the appellants and the applicants for addition of parties, hereinafter referred to as the. applicants, by a registered deed of wakf dated Oct. 4. 1899 created a wakf in respect of his khas and tenanted lands of different mouzas in the Sub-division of Basirhat, district 24-Parganas. This wakf is enrolled in the office of the Commissioner of Wakfs as EC 690. Another wakf was created by Sheikh Abdus Sobhan the predecessor-in-interest of the appellants and the applicants by a registered deed of wakf dated Sept. 1. 1919. This wakf has been recorded as EC 690A in the office of the Commissioner of Wakfs. The applicants claim this wakf to be wakf-al-al-aulad. We are. however, concerned only with the wakf created by Abdur Rauf which is enrolled as EC 690 in the office of the Commissioner of Wakfs as the appointment of the said Sheikh Sahidulla and Hafizur Rahaman relates only to the said wakf created by Abdur Rauf and enrolled as E. C. 690 in the office of the Commissioner of Wakfs.
(3.) In terms of the line of devolution as laid down bv the said Abdur Rauf in the deed of wakf in respect of the wakf created by him (EC 690). the office of the Mutwalli of the wakf devolved upon Musst. Anjuman Ara, the grandmother of the applicants and the appellants Nos. 2 and 3. She disclaimed her right to the office of Mutwalli in favour of her two sons. Professor Abdul Ali. the father of the applicants Nos. 1 and 2 and the appellant No. 2. and in favour of Abdul Bari. the father of the applicants Nos. 3 and 4 and the appellant No. 3. It is not disputed that Abdul Ali and Abdul Bari were the last Mutwallis in respect of both the above wakfs. The said Abdul AH died in 1974 and the said Abdul Bari died in 1979.;
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