MOINUDIN Vs. SYED MOHAMMAD HASAN

JUDGEMENT

(1.) This second appeal by the Mutawalli of a Wakf who was an unsuccessful defendant in the proceedings arising out of the suit filed by the first respondent raises two questions namely,(a) whether the suit of the first respondent for a declaration that the first respondent was a co-mutawalli in respect of wakf in question and entiled to share the offering and income thereof was liable to be rejected on the ground that the plaint did not disclose any cause of action; (2) whether the suit war impliedly barred by the provisions of Section 6 of the Wakf Act, 1954, hereinafter called the 'Act'.

(2.) On these questions, which were raised by. way of preliminary objections, the Trial Court returned the finding that (a) the plaint did not disclose as to how and why the notification which was challenged by the plaintiff was "wrong, unjust and illegal" and that (b) the suit was impliedly barred by the provisions of Section 6 of the Act and as a result, the suit of the plaintiff was dismissed.

(3.) In appeal, the First Appellate Court reversed the judgment and decree of the Trial Court on a finding that the plaint disclosed a cause of action for the suit which was not barred by the provisions of Section 6 of the Act.