SYED HAMID HOSSAIN Vs. JONAB MD KARIM KHALEELI

JUDGEMENT

(1.) These two appeals arise out of two suits relating the affairs and administration of the Hoogly Imambarah. As, to some extent, common questions of fact and law are involved in the two appeals, on the prayer of the parties, the appeals have been heard analogously.

(2.) The Hoogly Imambarah is a public and religious establishment founded by Hazi Mohammad Mohsin of hallowed memory in 1806 who by a wakfnama dedicated vast properties to God Almighty, for the benefit in particular of Shia Muslims as also for others purposes of public and charitable nature. Formerly the Imambarah was managed by the Government through the Board of Revenue and the local agents. On the coming into force in 1863 of the Religious Endowments Act (Act XX of 1863), hereinafter referred to as the said Act or Act XX of 1863, the management of the Imambarah vested in a Committee of Management appointed by the Government, under provisions of the said Act.

(3.) The relevant provisions of the Religious Endowments Act, 1863, material for the purpose of adjudication of the issues in these appeals, are as follows: Section 7.