CUSTODIAN EVACUEE PROPERTY Vs. SHRIMATI BIBIJAN

JUDGEMENT

(1.) This is an appeal against an order removing a person from the office of the Mutwalli and calling for applications for the appointment of a fresh mutwalli.

(2.) A Waqf-alal-aulad was created by one Karamat Ullah by means of a deed of Waqf dated 14th October, 1951, and the order of mutwallis to be appointed for the Waqf properties was laid down in the deed of Waqf. According to the terms contained in the deed of Waqf Akhtar Husain became mutwalli and managed the property. He, however, migrated to Pakistan and his rights, title and interest in the Waqf properties vested in the Custodian of Evacuee Properties. One Bibi Jan claiming to be the niece of Karamat Ullah applied to the Court of the District Judge, Bareilly, that she may be appointed mutwalli in place of the said Akhtar Husain, The Court below passed an order removing Akhtar Husain from the office of Mutwalli and inviting applications for the vacant office.

(3.) The Custodian, Evacuee Properties, U.P., has now appealed against this order and his contention is that the order of the Court below was without jurisdiction inasmuch as under Section 11 (2) of the Administration of Evacuee Property Act, 1950 (Act No. XXXI of 1950) all right, title and interest of evacuees have become vested in him and the learned District Judge had no jurisdiction to remove Akhtar Husain from the office of Mutwalli.