MD ABRAR Vs. MEGHALAYA BOARD OF WAKF

JUDGEMENT

(1.) This appeal arises out of judgment dated 28.01.2009 of the Shillong Bench of the Gauhati High Court. The High Court by the impugned judgment dismissed the appellant's revision petition and confirmed the order of the Wakf Tribunal dated 19.3.2008 dismissing the appellant's application seeking appointment as joint mutawalli, along with Respondent No.2, of his predecessor's waqf property.

(2.) The facts giving rise to this appeal are as follows: One Haji Elahi Baksh ('waqif'), who was resident of Shillong, executed a registered waqf deed dated 9.11.1936 dedicating properties belonging to himself, his son Md. Shafi and his son-in-law cum nephew Haji Kammu Mia to the waqf. The relevant clauses of the waqf deed are reproduced as follows:

(3.) Md. Taiyab again served notice on Respondent No. 1 in 2002, after coming into force of the Waqfs Act, 1995 ('1995 Act'). The Wakf Tribunal by order dated 19.7.2006 relied upon Section 25 of the Indian Succession Act, 1925 to interpret the term 'family line of the settlor' as stated in the waqf deed. Section 25 of the Indian Succession Act provides as follows: