KHALIL AHMAD KHAN Vs. SIDDIQ AHMAD KHAN

JUDGEMENT

(1.) THIS appeal relates to a Muslim Waqf-Alal-aulad known as Waqf Sohani Begum which was created by Smt. Sohani Begum by means of a waqf-deed dated 22nd March, 1929. Smt. Sohani Begum had two daugh ters named as Malka Mehr Nigar Begum and Ahmadi Begum. The latter died prior to the execution of the waqf-deed leav ing two sons Siddiq Ahmad, plaintiff-res pondent in this appeal and Khalil Ah mad, defendant-appellant. Nigar Begum had also a son named Maqsood Ali. Out of the income of the waqf property less than 25% was to be spent on some public charities specified in the waqf-deed. while the remaining income was to be spent on paying allowances to the waqif and her descendants and to meet the ex-pences on some other religious ceremo-i nies for the benefit of the family. The waqif constituted herself as the first Mutawalli and after her death her daugh- ter Nigar Begum was to be the next Mutawalli. On her death one of her daughter's son, who was found fit and capable by the District Judge, Lucknow, was to be appointed as Mutawalli.

(2.) LATER on under a supplemen tary deed dated 29-11-1938 she purport ed to change the scheme of Mutawalli-ship so as to appoint one of her daughter's son, namely, Khalil Ahmad, defen dant-appellant, as Mutawalli after the death of the waqif in preference to her daughter Nigar Begum. This supplemen tary deed was, however, challenged by Smt. Nigar Begum by a suit filed by her against Khalil Ahmad and it was adjudg ed as illegal. The decision of the Civil Judge was affirmed by this court in Khalil Ahmad Khan v. Malka Mehar Nigar Begum, AIR 1954 All 362 (FB).

(3.) THE plaintiff then filed a suit in the court of the Civil Judge, Lucknow on 1-6-1961. THE suit was filed against the defendant-appellant as well as Smt. Malka Mehar Nigar Begum. In this suit the plaintiff alleged that the defendant was not a legally appointed Mutawalli. but he was only a de facto Mutawalli to whom charge of the waqf property was given by the Custodian, Evacuee Pro perty, He mentioned various acts of mis conduct and neglect of duty on the part of the Mutawalli and prayed for his re moval from that office and in his place appointment of himself as Mutawalli. He also prayed for rendition of accounts by the defendant for the period during which he was in-charge of this property as de facto Mutawalli. F.I.R.