MOHD SALAHUDDIN Vs. KAZI MOHD RAISUDDIN

JUDGEMENT

(1.) The revision applications are filed to challenge the judgment and order of Wakf Application Nos. 45/2011 and 47/2011, which were pending before the Wakf Tribunal, Aurangabad. The first two applications are filed to challenge the entire decision and the third application is filed to challenge decision of Tribunal only to the extent of order of remand made by the Tribunal. Heard the learned counsel for the applicants, the learned counsels for the respondents and the learned counsel for Wakf Board. The dispute is with regard to the right of management to Jama Masjid, Shevgaon, District Ahmednagar and in respect of immovable properties given as Service Inam lands for rendering services to the Masjid. There are shops in the campus of Masjid and there are agricultural lands and house properties situated at Warur and Shevgaon.

(2.) The petitioners from CRA No. 21/2013 and two more Muslim persons (hereinafter referred to as 'the trustees' for short) had applied for registration of trust of this Masjid under the provisions of Trust Act (hereinafter referred to as 'the Trust Act' for short) and the trust came to be registered on 28-2-1973. In the year 2002, Mohammad Sallauddin (the petitioner from CRA Nos. 170 and 171 of 2012) filed application before the Wakf Board for registration of the aforesaid properties under Wakf Act, 1995 (hereinafter referred to as 'the Wakf Act' for short). This application was opposed by the trustees and few more persons including Kazi Raisuddin. The Trustees claimed that the management was already with the trustees, the institution was registered under the Trust Act and so, the inquiry under section 36 of Wakf Act was uncalled for. Persons like Raisuddin claimed that they were also hereditary Mutawallis. Father of Mohammad Sallauddin namely Mohammad Bahauddin claimed that he was hereditary Mutawalli. The father of Sallauddin gave no objection for appointing Sallauddin as Mutawalli before the Wakf Board.

(3.) The Chairman of Wakf Board made order on 14-6-2006 and appointed Sallauddin as Mutawalli under section 67 of Wakf Act. This order is set aside by the Wakf Tribunal Aurangabad in proceedings filed by trustee and Raisuddin by the decision dated 31-5-2012. The Tribunal has remanded back the matter to the Wakf Board and a direction is given to see that other applications like application of Raisuddin are also considered and decided. It is observed by the Tribunal that if new Mutawalli is to be appointed, removal of the trustees is necessary and that ought to have been done after following procedure by the Board.