ANDHRA PRADESH WAKF BOARD Vs. MOHAMMAD HIDYATHULLA

JUDGEMENT

(1.) This appeal is from the judgment of our learned brother A. D. V. Reddy, J. given in W. P. No. 4138 of 1971 on 15-9-1972 whereby the learned Judge allowed the writ petition holding that the petitioner has a right to act as Mutwalli and properties taken possession from him including account books etc, should therefore be returned to him to enable him to manage the properties as the Mutwalli.

(2.) the facts in outline are that the petitioner contends that a wakf was created through a deed of wakf executed by the father of the petitioner in 1350 fasli. A muntaquab was accordingly prepared, the father was the wakf Mutwalli himself. He looked after the wakf property for over 27 years.

(3.) In 1962 the father of the petitioner with the assistance of the wakf Board constituted a managing committee to assist him in looking after the affairs of the wakf property. On 21-8-1966, the father of the petitioner, who was the Mutwalli filed an application that the petitioner should be appointed as Mutwalli as the father had become very old and was not capable of managing the wakf property. The wakf Board recognised the petitioner as the Mutwalli by its letter dated 17-3-1967. The petitioner therefore claims that he has been managing the Wakf since he was appointed as Mutwalli.