MADARSA TAKBIMUL QURAN Vs. FATIMA BI

JUDGEMENT

(1.) INVOKING revisional jurisdiction of this Court under Section 83 (9) of the wakf Act the applicants have filed this revision challenging the legality, validity and propriety of the order dated 11-1-05 passed by M. P. Wakf Tribunal, Bhopal in Case No. 789/05.

(2.) THE facts which led to filing of this revision may be shortly narrated thus; Plaintiffs filed a suit against the non-applicants stating that one Hazi Abdul razzak was a religious person. He was a stanch follower of Islam religion. He wanted that muslim children should get religious education. Parents and wife of abdul Razzak died during his life time. He had no heir to succeed him. He used to lead a lonely life. For the purpose of religious education of muslim children he dedicated his house No. 11 and 11/1 situated at Subhash Wad, Katni to the almighty and created a Wakf. He executed a document for that purpose and got the same registered. Since then the property in dispute was a wakf property.

(3.) HAZI Abdul Razzak nominated three persons namely Ameer baksh, Mohd. Bhai and Yusuf as the trustees and delivered them the possession of the house. During his life time Abdul Razzak himself used to teach Arbee language to the children. After the creation of the Wakf this job was handed over to trustees. The last trustee Ameer Baksh died in the year 1970. At the time of death of Ameer Baksh his son Jameel Ahmed alias Navab, defendant No. 6 who was illiterate was living with him. After the death of his father, Jameel Khan discharged the responsibilities of his father but with a view to grab the property he stopped the religious work and did not take care of the house in question as a result, the house ruined in the year 1980. Defendant No. 6 was the de-facto trustee. When the house in question ruined, he started living with defendants no. 1 to 5.