AKBAR ALI FAROOQI Vs. MANN KHAN

JUDGEMENT

(1.) Invoking the revisional jurisdiction of this Court under Section 115 of the Code of Civil Procedure (in short 'the Code') the Petitioner/non -applicant has called in question the defensibility of the order dated 28.7.1999 passed in case No. 47/98 by the Presiding Officer of the M.P. Wakf Tribunal.

(2.) "mutawalli" means any person appointed, either verbally or under any deed or instrument by which a wakf has been created or by a competent authority, to be the mutawalli of a wakf and includes any person who is a mutawalli of a wakf by virtue of any custom or who is a naib -mutawalli, khadim, mujawar, saj -jadanashin, amin or other person appointed by a mutawalli to perform the duties of a mutawalli and save as otherwise provided in this Act, any person, committee or corporation for the time being managing or administering any wakf property -

(3.) . Every order made by the Board under Sub -section (2) shall be published in the prescribed manner and on such publication shall be binding on the mutawalli and all persons having any interest in the wakf.