- (1.) This writ petition, filed by the Mutawalli of Hazi Mohammed Kabil Wakf Estate, hereinafter referred to as the Wakf Estate, is directed against the amalgamation of the Wakf properties being Premises No. 16B Ekbalpur Lane, Kolkata - 700023 and Premises No. 27A, Ibrahim Road, Kolkata - 700023. By a Wakf Deed, executed on 8th January, 1892, Hazi Mohammed Kabil, since deceased, dedicated his properties in the Ekbalpur-Mominpur at Khidderpore areas for religious and charitable purposes by creation of a Wakf.
(2.) According to the petitioner, the Wakf Deed expressly provided that the Wakif would himself remain as Mutawalli till his death and thereafter his son Mohammed Hossain would be the Mutawalli.
(3.) If the Wakif pre-deceased, his said son Mohammed Hossain, the eldest male member of the family would become Mutawalli. After the death of the Wakif, his son Mohammed Hossain became the Mutawalli. Mohammed Hossain died on 14th August, 1947. Thereafter Lailun Nehar Begum the only child of late Mohammed Hossain became Mutawalli and remained in office as Mutawalli till her death on 10th April, 1975. After the death of Lailun Nehar Begum, her eldest son Abul Hassan Julfikar Haider became the Mutawalli. The said Abul Hassan Julfikar Haider died on 29th July, 2006.;