LAWS(ALL)-1953-10-24

KHALIL AHAMAD KHAN Vs. MALKA MEHAR NIGAR BEGUM

Decided On October 27, 1953
Khalil Ahamad Khan Appellant
V/S
Malka Mehar Nigar Begum Respondents

JUDGEMENT

(1.) THESE two appeals were referred to a bench of five Judges by a Division Bench of this Court on the 7th of February 1951.

(2.) THE appeals arise out of two suits relating to a wakf created by Sohani Begam. A small pedigree will help in understanding the facts of this case.

(3.) THE suit was resisted by Khalil Ahmad on the grounds, among others, that the wakif was entitled to revoke the nomination made by her in the wakf deed of 1929 and to appoint him mutwalli under the document of 1938, and that the recognition by the Sunni Central Wakf Board of Khalil Ahmad as mutwalli was conclusive and he must, therefore, be held to be the mutwalli of the property.