SHAZADI BEGUM Vs. MOSQUE COMMITTEE

JUDGEMENT

(1.) Appellant is the plaintiff. She filed the suit 131 of 1967 for a declaration that the plaint schedule property, which belongs to her sister Mohammad Bi, in respect of which property a wakf was said to have been created by Hayath Bi, another sister of the plaintiff, as illegal and imperative does not bind her. She further asked for a declaration that she is the surviving heir of her sister Mohammad Bi, and she is entitled to the entire property.

(2.) The trial court dismissed the suit. She went in appeal. The appellate court while declaring that the creation of wakf in respect of the plaint schedule property is illegal, however held that the appellant is entitled to half share and Smt. Harmatunnisa Begum, daughter of Hus- saini Bee, who pre-deceased Muhammad Bi, is entitled to the other half share. Against the latter part of the declaration given by the appellate court, the present appeal has been filed.

(3.) Though the respondent has been served, she has not appeared either in person or through counsel. Therefore I requested Sri P. V. R. Sarma, learned advocate of the Bar to assist the Court, as Amicus Curiae which request he was gracious enough to accept readily.