JAN MOHAMAD KHAN Vs. MAHMOOD ALI KHAN

JUDGEMENT

(1.) ONE Nazir Begum grand mother of the appellant Jan Mohd. Khan had created a waqf alalaulad of her pro perty situate in the city of Agra in the year 1939, In the year 1966 an application was moved by the Mutawalli for sale of the waqf property. That application was reject ed on 19th of March, 1966. Subsequently another application was moved in the year 1969 by Opposite Party No. 1 who was the Mutawalli for the sale of the property on the ground that the property had become dilapidated and was not fetching good return. Permission to sell was granted by the Dist rict Judge, Agra on 8-11-69 on condition that the property would not be sold for less than Rs. 38, 000/-. The property was published for sale thereafter, but as the property did not fetch good price. another application was moved by the Mutawalli that the proper ties permitted to be sold were not fetching good price because they are being sold in one lot. It was prayed that the Mutawalli be permitted to sell the property itemwise. Thereafter the learned District Judge, Agra permitted the sale of the property item-wise. After a portion of the property was sold for Rs. 13, 000/- applicant moved the learned Dist rict Judge, Agra on 14-5-1970 with a prayee that the matter be reconsidered and the Mutawalli Mahmood Ali Khan be restrained from withdrawing the amount in deposit and from transferring the remaining waqf pro perty. The learned District Judge dismissed this application, hence this .revision.

(2.) LEARNED counsel appearing for the applicant has contended that the power to grant permission did not vest in the District Judge. Reliance has been placed by him In re Appln. by Muhammad Ismail, AIR 1944 Sind 183 in support of his contention that the permission to sell property can be ob tained by a suit and not by an application.

(3.) IN Shama Churn Roy v. Abdul Kabeer, (1899) 3 Cal WN 158 a Division Bench consisting of Hon'ble Ameer Ali and Pratt, JJ., laid down that: