- (1.) Leave granted.
(2.) The appellant is aggrieved by the impugned direction of the High Court pursuant to which the appellant has been forced to hand over the papers to the committee of management. The appellant was appointed as a muthavelli of the mosque by an order dated 20/04/1968 and under the terms of the deed, the muthavelli was to be appointed on hereditary basis. While the muthavalli was so continuing, a set of allegations were made against him regarding mismanagement of the property, and therefore in exercise of power under sub-section (2) of section 43 of the Wakf Act, 1954, the competent authority, by order dated 28/03/1981 appointed a committee of management and directed that the said committee of management and the muthavalli would continue to manage the affairs of the wakf. The tenure of that committee was for a period of 3 years. Subsequent to 1981 fresh committee of management was being constituted, and such committee of management along with muthavalli was managing the affairs of the wakf. On 29.12.1997, a fresh committee of management was appointed, and in that committee of management nothing was mentioned as to the muthavalli. Be it be. stated that no point of time under the provisions of the Wakf act any order of removal of muthavalli has been passed. The newly constituted committee of management approached the magistrate for a direction that the papers should be handed over to the committee of management, and the said magistrate having refused the prayer, they approached the High Court in revision. The High Court by the impugned order took the view that non-inclusion of the muthavalli in the committee of management, that was constituted by order dated 29/12/1997 tantamount to his removal, and. therefore said muthavalli cannot have any say in the management and must hand over the papers to the constituted committee of management. It is this direction of the High Court which is the subject matter of challenge in this appeal.
(3.) The learned counsel for the appellant strenuously contended that the right of muthavalli under the Act cannot be nullified until and unless an order of removal is passed from the post of muthavelliship as required under section 64 of the Wakf Act, 1995. It may be stated that 1954 Act had been repealed and 1995 Act has come into force. The counter affidavit has been filed on behalf of the respondent committee of management indicating therein that the documents in question have already been handed over, and further a scheme has been framed under section 69, and even in the scheme of management the present appellant's name does not find place anywhere as being involved with the management of wakf, and therefore there is no justification for this court in interfering with the direction of the High Court.;