HAJI SAJJAD ALI Vs. CONTROLLER U P

JUDGEMENT

(1.) Heard Mr. M.A. Siddiqui, learned counsel for the petitioner and Mr. Z. Zilani, learned counsel for the respondents. The petitioner has challenged the order dated 8th of August, 1988, passed by the Secretary, Sunni Central Board of Waqfs, Lucknow (in short 'Board'). By means of order impugned the Board on the demise of Shri Rajab Ali, Mutawalli of Waqfs, Muslim Musafir Khana, No. 34-Gonda, appointed a Managing Committee.

(2.) The learned counsel for the petitioner submitted that a Muslim Musafir Khana was constructed by his father and uncle namely Haji Rajab Ali and Haji Abdul Rahman, sons of Ali Bux. They also applied for registration of the said Waqf on 25.12.1949. Though the scheme of administration provides for the administration and management of the Waqf by way of successionship of Mutawalliship being eligible therefor in terms of scheme of administration, but with ill intention to usurp the Waqf property some persons raised dispute about the administration of the Waqf. The Waqf authorities recorded the statement of surviving Mutawalli, namely, Haji Rajab Ali on 7.1.1978. He stated that he is the surviving Author and Mutawalli of Waqf and after his death his son would become the Mutawalli.

(3.) The Board on 19th of March, 1988 issued a notice to Rajab Ali. One of the charges was that he was not capable to discharge the functions of the office of Mutawalli and further he has assigned the same to his son Sajjad Ali (petitioner) illegally. Rajab Ali submitted reply of notice, thereafter he died. The petitioner claims that since during life time of his father he was actually managing the affairs of the Waqf as a helping hand, being son of Mutawalli in terms of the scheme of administration of Waqf, he became Mutawalli and thus he started functioning as Mutawalli. He was also acknowledged by the Board as Mutawalli as he was called upon by the Board to deposit the annual contribution concerning the said Waqf. The petitioner deposited a sum of Rs. 265/- in the Board on 26.9.1988. He also got audited the account of Waqf and paid the annual contribution as required by the Board.