KERALA WAKF BOARD Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE appeals arise from a common judgment of P. Subramonian Poti J. in original petition Nos. 2412/ 71, 4915/ 71, 3440/ 73, 5053/ 71, 4102, 4716, 3746, 5972, 4075, 4070, 1694, 4705 and 4129 of 1971, 1629/72 and 4420 of 1971 by which S. 3 (g) and 46 of the Wakf Act, 1954 (for short the Act) as amended by the Wakf (Amendment) Act, 1969 have been declared to be violative of Art. 14 of the Constitution of India.

(2.) FOR the purpose of considering the questions raised, the petitioners before the learned judge agreed to treat original petition No. 2412/71 as typical of the petitions and rested their arguments on the basis of the facts stated in the affidavits and the petition, in that case. There were two petitioners in that petition who were interested in the B schedule properties in the will executed by late Abdul Sathar Hajee Moosa Sait on 25 21099. Those properties formed the properties of the Dharmasthapanam described as the Abdul Sathar Hajee Moosa Sait Dharmasthapanam. The wakf created for charitable and religious purposes by the same testament had A schedule properties set apart for those purposes.

(3.) WE shall extract S. 3 (g) and 46 as they stood before the Act was amended by the Wakf (Amendment) Act, 1969 and as they are now after the Amendment.