KASSIMIAH CHARITIES RAJAGIRI Vs. MADRAS STATE WAKF BOARD

JUDGEMENT

(1.) THIS second appeal has been referred to us in view of the importance of the question involved, namely, "whether a charitable endowment of a noncommunal character made by a Muslim can be regarded as a wakf within the scope of the muslim Wakfs Act, 1954". The Courts below have expressed divergent view on the matter. For a due appreciation of the point for determination in the case, it is first necessary to refer to the terms of the endowment. But before doing so it will be useful to set out a few preliminary facts :

(2.) HAJEE Mohammad Kasim, a resident of Rajagiri in Tanjore Dt. who appears to have been a man of enterprise and who evidently had enlightened views, acquired considerable properties by his business in foreign countries. In the year 1916, he established at his place a school known as Madras Kassima for the benefit alike of muslims and non-Muslim boys. Eight years later he started a free dispensary which again was to serve the need of sick irrespective of the community to which they belonged. On 7-10-1927, he in order to place the two institutions on a sound footing executed a document styled as "a deed of wakf, otherwise known as a declaration of trust endowing certain properties for their upkeep. Rules were laid down as well, for the management of the institutions. The document declares the intention of the founder that the benefit thereunder should not be restricted to the members of the Muslim community alone. It ,is not disputed that the foundation thus established by the donor took effect immediately on the execution of the document.

(3.) AFTER the death of the founder there were complaints about the management of the two institutions by his successors. Certain residents of the locality instituted a suit Under Section 92, C. P. C. inter alia for settling a scheme for better management. That litigation ultimately came up to this Court in A. S. No. 258 of 1943. By the final scheme, as approved by this Court, the management of the charities which came to be designated as "kassiraia Charities" has been vested in a board of five trustees the office of the managing trustee among them being declared to be hereditary in the family of the founder. The scheme provides that one of the other four trustees should be appointed from among the members of the Hindu community.