Decided on July 04,1996

Syeda Nazira Khatoon And Others Appellant
Syed Zahiruddin Ahmed Respondents


Debi Prasad Sarkar (II), J. - (1.)This is a Revisional Application filed under Sec. 115 of the Code of Civil Procedure directed against the order dated 28.11.94 passed by the learned Judge, Small Causes Court, Sealdah in Misc. Appeal No. 103/1993 arising out of Title Suit No 423/93.
(2.)The matter relates to Wakf Property at 5A & 5B, Christopher Road. The Wakf Estate was created by one Abdur Rahim and Shah Sufi Syed Ohaidullah Shah Bagdadi was appointed as the first Mutwall and direction was given by the Wakif that the sons and grandsons etc. of the first Mutwalli whoever will be............and otherwise eligible would become Mutwalli. The present petitioner is the widow of the 3rd Mutwalli namely Badruddia who was the grandson of the first Mutwalli On the death of Badruddin his widow was appointed as Mutwalli by the Wakf Commissioner. The claim of the Plaintiff O.P., who is the son of the 2nd grandson of the first Mutwalli, was rejected. Urs festival' is held every year at 5A & 5B, Christopher Road at the tomb of the first Mutwalli. In 1993 i e. after the demise of Badruddin the Plaintiff-O.P filed a Title Suit with the prayer for declaration that he being the only male descendant was entitled to hold Urs festival and other religious functions at 5 A & 5B. Christopher Road relating to the death anniversary of the first Mutwalli and also for negative declaration that the present petitioner being a female was not entitled to perform, lead and call the devotees to the Urs festival and to perform any other religious functions He prayed for ad-interim injunction which was rejected by the learned Munsif.
(3.)On being aggrieved he preferred a Misc. Appeal before the barned Judge, Small Causes Court, Sealdah and the S.C.C. Judge set aside the order of learned Munsif and passed an ad-interim order on 28.11.94. That order has been challenged in the present revisional application before his Honourable Court In the last year as I find from the record, Mr. Justice Tarun Chatterjee appointed two Special Officers for conducting the Urs festival. But the revisional application Is still pending.

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