MOHD NAUMAN KHAN Vs. ABDUL MOEED

JUDGEMENT

(1.) This appeal raises a substantial question of law as to whether the Civil Courts have jurisdiction under Section 92 of the Code of Civil Procedure (CPC) to direct framing of scheme with respect to a management of the Wakf Property despite existence of the Wakf Board and Wakf Tribunal in the State.

(2.) To appreciate the controversy, it would be appropriate to take note of the prayer made by the appellant, who filed an application under Section 92 of the CPC for grant of leave for instituting a suit under Section 92 of the CPC against Mr.Abdul Moeed, Chief Mutawali, Hamdard (Wakf) Lab, Mr. Hammad Ahmed, Senior Mutawali, Hamdard (Wakf) Lab, Mr.Abdul Majid, s/o Mr.Abdul Moeed, Mutawali, Hamdard (Wakf) Lab., Mr.Asad Moeed, S/o Mr.Abdul Moeed, Mutawali, Hamdard (Wakf) Lab., Mr.Hamid Ahmed, s/o Mr.Hammad Ahmed, Mutawali, Hamdard (Wakf) Lab, Delhi Wakf Board, through Executive Officer, Delhi Wakf Board, Near Bachhon ka Ghar, Daryaganj, New Delhi-110 002.

(3.) In the application filed under Section 92 of the CPC besides alleging various acts of mismanagement on the part of the respondents No.1 to 5, it was pleaded that the entire facts and circumstances as stated above clearly establish that respondents No.1 to 5 in blatant breach of trust/wakf are acting detrimental to the interest of Wakf and defeating the very purpose of the wakf for which it was created. The mal-administration, malfeasance, malappliction of funds, siphoning of funds by illegally selling the wakf properties warrants immediate and urgent indulgence of this Court and appropriate directions of this Court are deemed necessary for the proper administration of Hamdard (Wakf) Lab. Therefore, directions of this Court in the nature of removal of present mutawallis, appointment of new mutawallis, direction of accounts and enquiries of Hamdard (Wakf) Lab regarding mal-administration, malfeasance, misapplication and siphoning of funds and wakf and appropriate directions to the Delhi Wakf Board for taking all actions as per the provisions of the Wakf Act, 1995 (for short „the Act?) are also required in the facts and circumstances of the case. Furthermore, a scheme is also necessary to be settled by this Court for achieving the object and purpose of Hamdard (Wakf) Lab in the larger interest of the public/beneficiaries/Trustees of the Hamdard (Wakf) Lab.