OM PRAKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a Letters Patent Appeal from the order of a learned single Judge dated March 30, 1971.

(2.) The single question that arises for decision in this appeal is whether a property forming the subject-matter of wakf- ul-Aulad can be sold by the Custodian of Evacuee Property. The property in question in this case is called \i.imaji-lia-pech'. It is situated at Aligarh. It is a Dal Mill. This property was purchased in 1908 by one Shri Ram and two other persons Mohammad Ahmad and Sayaid Hussain (hereafter referred to as the Muslim owners). Shri Ram had 112 share in the said property. The Muslim owners had the other half. Shri Rain died leaving behind a sort Bolram On January 6, 1925, the property was partitioned between Balram and the Muslim owners. After partition, the Muslim owners created a wakf-ul-Aulad in respect of the portion of the property that fell to their share. A deed of wakf dated May 6, 1925, was executed. It was registered on May 7, 1925. The founders appointed mutawallis in the Wakfnama. Under the deed there are a number of beneficiaries who are entitled to receive income from the wakf property.

(3.) On the partition of the country in 1947, the mutawallis migrated to Pakistan. They became evacuees. The Wakf property under section II of the Administration of Evacuee Property Act, 1950 ('the Act') vested in the Custodian With the consent of the Deputy Custodian General, UP.. lucknow, this property was sold to the appellants. A sale. deed dated February 8, 1960, was executed by the Custodian in their favour for a total consideration of Rs. 57,004.80 Paise.