ALTAMAS KABIR, J - (1.) This appeal arises out of an order passed by the learned single Judge on 30th August, 2000, in Originating Summons jurisdiction in Suit No. 488 of 1999, which had been filed for answers to be given to the following questions, namely, (a) Whether the demarcation of the wakf property being premises No. 33, Shakespeare Sarani, Calcutta-700071, made as above in dividing the said property in two distinctive parts, one for wakf-alal-aulad and the remaining portion for pious and religious purposes, is correct and has been made in consonance with the provisions of the wakf Deed? (b) Whether the Wakf Act, 1995, is applicable for the portion of the said property divided and earmarked for wakf-alal-aulad?
(2.) By his said order the learned single Judge answered the first question in the negative and the second question in the affirmative.
(3.) Appearing in support of the appeal, Mr. Sahidullah Munshi submitted that the learned single Judge had misunderstood the scope and purport of the submissions made on behalf of the appellant, since it was not the contention of the appellant that the portion of the wakf properties which had been kept apart for secular purposes either loses its wakf character or ceases to be part of the wakf estate created under the Deed of Wakf dated 22nd September, 1936, executed by Shahzadi Begum.;