PIRJI MIRAJ UD DM Vs. DELHI WAKF BOARD

JUDGEMENT

(1.) This revision petition is directed against the order of the learned subordinate Judge dated 8-3-1977 by which the application or the petitioner made under Order XXII Rule 3 of the Code of Civil Frocedure for impleading him as legal representative or Pirji Salim-ud-din was rejected.

(2.) The facts of the case in brief are that Sajjadanashin Pirji Salim-ud-din was Mutawalli of Dargah Qadam Sharif. By notification dated 31-12-1970 it wa? notified that Delhi Wakf Board would be the Mutawalli of Dargah Qadam Sharif. Pirji Salim-ud-din filed a suit for declaration challenging the abovesaid notification and claiming himself to be the mutawalli of the Dargah. During the pendeacy of the suit Pirji Salim-ud-din died on 18-2-1974. Shri Miraj-ud-din, son of the deceased filed an application under Order XXII Rule 3 of the Code for impleading him as the legal representative of the deceased/plaintiff on the allegation that he was appointed as the Sajjadanasbin and Mutawalli of the Dargah Qadam Sharif. The application was resisted by the respondent. The respondent took up the plea that the office of Mutawalii was not hereditary but was his personal. The arguments put forth by the respondent found favour with the trial Judge and lhe application of Miraj-ud-din was dismissed. Miraj ud-din has come up before this Court by way of revision.

(3.) I have beard the learned counsel for the parties. Learned counsel for the petitioner stated that the son of the deceased/plaintiff had a right to be impleaded and continue the proceedings as the right to sue survived to him. I am unable to agree with the submissions made by the learned counsel for the petitioner. The expression 'Mutawalli is defined under the Wakf Act which reads as under : 'Mutawalli' means any person appointed either verbally or under any deed or instrurment by which a wakf has been created or by a competent authority to be the mutawalli of a wakf and includes any person who is a mutawalli of a wakf by virtue of any custom or who is a naib-mutawalli, khadim, mejawar, sajjadanashin, amin, or other person appointed by a mutawalli to perform the duties of a mutawalli and save as otherwise provided in this Act, any person, Committee or Corporation for the time being managing or administering any wakf or wakf property ; Provided that no member of a Committee or Corporation shall be deemed to be a mutawalli unless such member is an office-bearer of such Committee or Corporation." From the definition it is clear that mutawalli has on personal right in the wakf property except to manage and administer the wakf property. He is merely a Manager. Even otherwise it was the personal action of Pirji Salim-ud-din and the relief he sought was connected with his individuality. A right was asserted to his personal office. The law is well setted that in cases of persona] actions and right to a personal office does not survive on the death of the claimant. As such after the death of Pirji Salim-ud-din nothing survived to his heirs. The order of the learned Subordinate Judge does not suffer from any legal infirmity.