Manash Nath Roy, J. - (1.) The petitioners who claim to be beneficiaries of Sk. Hazari Wakf Estate, which was created by one Sk. Hazari, son of Haji Multan of English Bazar, Malda, by a registered deed of Wakf dated 1.2.1923, has impeached an order in annexure "D", which is dated February, 23, 1973, and issued by the Commissioner of Wakf, West Bengal allowing thereby a joint petition dated January 10, 1973, praying for compromise of a Suit and sale of 4 cottahs of land at Rs. 2000/- per cottah, under khatian No. 137 out of Dag No. 78 of Mouza Maheshmati, to one Shri Ramendra Kumar Banik (respondent No. 5), by the present Mutwallis Md. Reazul Islam and Md. Serajul Islam (respondents Nos. 3 and 4).
(2.) It has been stated that the said Wakf was created for some specified purposes and specific intentions. Such purposes and intentions would be available from the Wakf deed which is annexure "A" to the petition. By the said deed, particularly it was stipulated amongst others that in any event the Wakf property would not be transferred by anybody including the Mutwalli and his other heirs in any way viz, by way of sale, gift and exchange etc. It his also been stipulated in the said Wakf deed that the last Mutwalli should nominate his successor Mutwalli. It has been alleged by the petitioners that after the death of one Abdul Ahmed, the second Mutwalli, there has been no such nomination of the succeeding Mutwalli. Such statement has been made for the purpose of establishing the charge against the present Mutwallis, who are respondents Nos. 3 and 4, not having been duly appointed by valid nomination and as such the transfer, particulars whereof would be mentioned hereinafter as made by the present Mutwallis or any action taken by them for the sale of lands in question to the respondent No. 5, was irregular.
(3.) It appears from the affidavit filed by the respondent Nos. 3 and 4 appearing through Bhabesh Ghosh Roy that previously the petitioners have leased out properties belonging to the Wakf Estate and more particularly properties as involved in this petition for 99 years. Such lease was effective on and form July 21, 1971.;