- (1.) This petition under Article 227 of the Constitution of India read with Section 83(9) of the Wakf Act, 1995 challenges Order dated 30th June, 2010 passed by the Learned Presiding Officer, Wakf Tribunal in OA no.14 of 2009.
(2.) The brief facts of the case are as follows:- That the predecessor-in-interest of the petitioner, one Syed Sahadat Ali and his wife Sokarannessa Bibi were the joint Wakif and Wakifa in respect of a Wakf property created by a registered deed executed by them on the 1st of September, 1943. In terms of the said Wakf deed or Wakfnama the Wakif, Syed Sahadat Ali appointed himself as the Mutawalli of the said Wakf estate during his lifetime. After his death the Wakifa, his wife was to continue as the Mutawalli.
(3.) In terms of the said Wakfnama upon the death of both the Wakif and the Wakifa, their eldest daughter, Jainabunnessa Bibi was to continue as the Mutawalli. It was further specified in the Wakfnama that thereafter on the death of the third Mutawalli, Jainabunnessa Bibi, the eldest son of Jainabunnessa Bibi, Mohammed Jaffar shall be appointed as the Mutawalli of the Wakf property.;