NASIR ABDULLAH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal by one Nasirabdullah against the judgment of the Division bench of the Calcutta High Court passed in FMAT No. 2 of 1988 dated 17/3/88. That was an appeal against the judgment of the learned Single Judge of the High Court dated 18/12/87 in a Writ Petition filed by the Appellant questioning the order passed by the Commissioner of Wakfs dated 27/4/84.

(2.) The brief facts of this case are as follows. By a deed of Wakf dated 5/2/27, a wakf was created by one Sheik Mohammed ibrahim Barry. The said document also prescribed the mode of appointment to the office of Mutawalli of the Wakf from time to time. After the death of the original founder of the Wakf above mentioned, his son Yusuf Barry became the sole mutawalli as per the above said deed. During his life time he executed a document dated 16/5/46 appointing his three sons, Mansoor Ahmed Barry, Rashid barry and Iqbal Barry as Co-Mawallis. Mansoor Ahmed Barry died on 17/11/77. The two surviving Mutawallis, i. e. brothers of Mansoor, namely, Rashid and Iqbal are alleged to have executed a deed of appointment dated 2/4/84 before a Notary at Delhi in favour of the Appellant nazir Abdullah appointing him as mutawalli. It appears that in the meantime, the Commissioner of Wakfs had appointed an official Mutawalli by order dated 7/6/84 and the tenant refused to pay the rent to the Appellant. Instead of going before the Commissioner to have the order dated 7/6/84 to set aside, the appellant filed a Writ Petition C. O. No. 8557/84 on 7/6/84 challenging the order dated 27/4/84 of the Commissioner. The learned Single Judge of the High Court gave detailed judgment doubting the genuineness of the deed dated 2/4/84 and also passed an order on 18/12/87. The said order dated 18/12/87 reads as follows:

(3.) The effect of the above order of the learned Single Judge was that the order of Commissioner dated 27/4/84 continued to operate and the Appellant was merely permitted to seek the cancellation of the said order by moving the Commissioner again.