SHABBIR HUSSAIN Vs. DAUDAR RAHAMAN

JUDGEMENT

(1.) This revisional application under Section 227 of the Constitution of India is directed against judgment and order dated 20th April, 2005 passed by learned Presiding Officer, Wakf Tribunal, Calcutta, West Bengal in Appeal No.17 of 2004 by affirming the impugned recommendation and resolution made by the Chief Executive Officer and Board of Wakfs, West Bengal.

(2.) Today respondent No.1 has filed affidavit-in-opposition and the petitioners have filed affidavit-in-reply and those be kept in the record. The admitted position is that one Hurmatunnessa Bibi, Izzatunnessa Bibi and Munshi Abdur Rahim created wakf with some of their properties by virtue of a registered deed of wakf dated 17.04.1901 which was enrolled as Hurmatunnessa Bibi, Izzatunnessa Bibi and Munshi Abdur Rahim wakfs estate under E.C. No.6944 with the Board of Wakfs. As Hurmatunnessa Bibi and Izzatunnessa Bibi had no issue, it was specifically mentioned in the said wakf deed that after demise of founder wakifs any son or daughter of Munshi Abdur Rahim could be said 'Mutawalli' for the period of three years each by rotation and after them their 'Santanadis' i.e., sons and daughters would be Mutawallis in the aforesaid manner and such rule of succession to Mutawalliship will continue from generation to generation. The Genealogical Table is enclosed with the judgment for proper appreciation of this matter.

(3.) Admittedly, after demise of three founder wakifs the only son of Munshi Abdur Rahim namely Mirza Kabir Hossain was Mutawalli and after his demise his son Mirza Bashir Hossain became Mutawalli in 1951 and continued the same till his death on 22.02.2004. Mirza Bashir Hossain died leaving behind two sons namely Shabbir Hossain and Sharafat Hossain being the petitioners. After his death his two sons as well as one Daudar Rahman being son of one of the sisters of Mirza Bashir Hossain namely Shawkat Ara Begum filed petition before the Board claiming the post of Mutawalli in the said Wakfs. The C.O. of the Board of Wakfs after contested hearing recommended Respondent No.1 Daudar Rahman as Mutawalli of said Wakf Estate. The Board of Wakfs approved the said recommendation but present petitioners preferred an appeal before the Wakf Tribunal. The said Tribunal also affirmed said order of Board of Wakfs by the impugned judgment dated 20.04.2005.