SUNNI MAJLIS E WAQF OF DELHI Vs. CUSTODIAN OF EVACUEE PROPERTY
HIGH COURT OF PUNJAB AND HARYANA
SUNNI MAJLIS-E-WAQF OF DELHI
CUSTODIAN OF EVACUEE PROPERTY
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Mehar Singh, J. -
(1.) This is an appeal by the plaintiff, Sunni Majlis-E-Waqf, from the order, dated 86- 1955, of the District Judge of Delhi, dismissing its application, with costs, under Sections 33 and 36 of the Delhi Muslim Wakfs Act, 1943 (Act No. XIII of 1943).
(2.) On 11-12-1930, by a deed, registered on 2-1-1931, Haji Shahabuddin created a waqf of his immovable property and business for public charitable purposes stated in the deed. He appointed himself the first Mutawalli and provided that after him, his grand sons, respondents Nos. 2 and 3, shall be joint Mutawallis. Haji Shahabuddin died some time about 27-2-1954. His two grand sons, respondents Nos. 2 and 3, being domiciled in Pakistan are, according to the averments in the application, incapable of managing the waqf property and carrying out the objects and purposes of the waqf. The property has been declared to be evacuee property by defendant No. 1, the Custodian of Evacuee Property, but the case of the applicant is that respondent No. 1 has not accepted that the properly is a waqf property and has refused to hand over its management to it. The applicant claimed various reliefs, including a declaration that the property in question is-waqf property and it should be appointed its Muta-walli by the removal of respondents Nos. 2 and 3.
(3.) The application has been resisted by respondent No. 1, for respondents Nos. 2 and 3 are not in this country. One of the picas urged on behalf of respondent No. 1, which has found favour with the learned District Judge, is that the jurisdiction of the civil Court is barred to decide the nature of the property once it has been declared to be evaenne property by him as has been done in. this case.;
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