Chittatosh Mookerjee, J. - (1.) One S.K.. Panchkari of village Kaltikuri, Police Station-Bhatar, District Burdwan possessed considerable properties. He had by his first wife two daughters, named Raushan Ara Bibi and Masuda Bibi. Both of them were married and with their respective husbands they lived in the household of S.K.. Panchkari. On 10th Falgun, 1332 B.S. S.K.. Panchkari executed a registered deed creating a wakf of his properties mentioned therein. The said wakf had been enrolled and entered as Wakf-al-alaulad in Register of Wakfs maintained in the office of the Commissioner of Wakfs, West Bengal. The said wakif appointed himself as the first mutwalli and also gave directions regarding devolution of the said office after his death. The wakif by the said deed directed.......... VERNACALAR MATTER The wakif in several other parts of the wakfnama directed for defraying expenses of VERNACALAR MATTER
(2.) S.K.. Panchkari had married second time and the petitioner S.K.. Abdul Latif is a son of S.K.. Panchkari by his second wife. He was born after the execution of the aforesaid wakfnama by. S.K. Panchkari. S.K. Abdul Gafur, the husband of Masuda Bibi died. Raushan Ara Bibi, the second daughter of S.K.. Panchkari also died leaving her husband Ambia Mirza. Subsequently, Masuda Bibi had second time married the said Ambia Mirza. In the year 1940 S.K.. Panchkari died. Ambia Mirza acred as the next mutawalli of the said wakf estate till the death in Shraban, 1362 B.S
(3.) After Ambia Muza's death Masuda Bibi, who was a daughter of S.K.. Panchkari and also the Ambia Mirza's widow, had applied for recording her name as the mutawalli in the register maintained in the office of the Commissioner of Wakfs. The petitioner, S.K.. Abdul Latif, also applied for recording his name as a mutawalli. After hearing the parties, the Commissioner of Wakfs by his order dated 3rd January, 1956 had entered the name of the petitioner as mutawalli in the place of deceased Ambia Mirza. The claim of Masuda Bibi was rejected.;