COMMISSIONER OF WAKFS & ORS. Vs. MOHOMMED ARIFF (MUTWALLI)
LAWS(CAL)-1976-9-46
HIGH COURT OF CALCUTTA
Decided on September 17,1976

COMMISSIONER OF WAKFS And ORS. Appellant
VERSUS
MOHOMMED ARIFF (MUTWALLI) Respondents

JUDGEMENT

Amarendra Nath Sen, J. - (1.)This appeal arises out of an order passed by the learned Judge on the 31st of May, 1976 according sanction to the Mutwalli to execute a lease of premises No. 17, Gariahat Road on the terms and conditions mentioned in the agreement for lease which was placed before the court with the modifications introduced by the Court in the said lease for a period of 51 years in the first instance with an option for renewal in favour of one Shib Kumar Banerjee. The Commissioner of Wakfs had objected to the granting of the said lease and the Commissioner of Wakfs had preferred this appeal against the said order.
(2.)The Wakf is a public Wakf and a suit for administration of the Wakf property was instituted in 1942, being Suit No. 1442 of 1942. It appears that another suit was also instituted in 1942 which is Suit no. 1488 of 1942. By the final decree passed in the said two suits a scheme was framed by this Court for the administration of the said Wakf in 1944. Clause 7 of the said scheme provides :
"There is general liberty to apply and all matters arising out of or relating to the scheme and the administration of the Wakf will be dealt with by the Judges in chambers".
Relying on this particular clause an application was made on behalf of Mohammed Ariff as the sole Mutwalli of the Wakf Estate for an order that permission be granted to the said Mutwalli to execute lease in respect of premises No. 17, Gariahat Road, in favour of Shib Kumar Banerjee on the terms ans conditions contained in the agreement for lease a copy wereof was annexed to the petition. The order was passed by the learned Judge in Chambers on the said application.
(3.)Appearing on behalf of the appellant Mr. Chatterji has submitted before us that the said clause in the scheme granting general liberty to apply does not empower or authorise the Court to pass any order granting authority or permission to the Mutwalli to execute a lease in favour of anybody.
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