MOHAMMAD MOSHIN Vs. COMMISSIONER OF WAKF

JUDGEMENT

(1.) This is a suit instituted by Mohammad Moshin, a lunatic represented by his next friend and manager one Abdul Waheb, inter alia for a declaration that the proceedings held before the District Judge, 24-Pargands, are void, inoperative and not binding on the Plaintiff, that the properties mentioned in ch. A to the deed of wakf are secular properties and for a declaration that the said deed of wakf, dated October 30, 1932, is void, inoperative and not binding on the Plaintiff.

(2.) The Plaintiff's case before me is as follows:

(3.) The Plaintiff inherited the said share in the said properties from his deceased mother. The father of the Plaintiff, Hossain Ali, was also the owner of one-fourth share in all those premises, having inherited the same from his deceased wife, the mother of the Plaintiff. On March 21, 1932, Hossain Ali applied to the District Judge, 24-Pargands, for permission to make a deed of wakf-alal-aulad in respect of the said share of the minor in the said properties. In the said deed, Hossain Ali also included his share in the said properties and other properties belonging to him. On October 30, 1932, permission was given by the District Judge of 24-Pargands and a deed of wakf-alal-aulad was executed by the said Hossain Ali. On August 30, 1937, Hossain Ali died. On December 1, 1938, the Commissioner of Wakfs appointed the official mutawalli to be the mutawalli of the said Wakf estate under Section 40 of the Bengal Wakf Act. On December 7, 1938, the official mutawalli obtained possession. Thereafter, on January 5, 1940 an application was made by the Plaintiff through his present (sic) friend, Abdul Waheb, before the District Judge, 24-Pargandi for vacating the order granting permission to execute the sale deed of Wakf. The Plaintiff on March 10, 1940, was sent to the Lunatic Asylum at Ranchi. The case of the Plaintiff before m is that, for about four or five years before the death of his father Hossain AH, the Plaintiff had been a lunatic and he is still lunatic. On April 16, 1940, one Afzali Bai, a step-sister of the Plaintiff, was appointed mutawalli by the Commissioner of Wakf; On August 16, 1940, the official mutawalli was re-appointed a mutawalli. Thereafter, on July 9, 1940, the application of the Plaintiff for vacating the order granting permission by the District Judge was dismissed mainly on the ground that the question of setting aside the permission can be properly challenge in a suit. On January 31, 1941, the next friend Abdul Waheb was appointed guardian of the lunatic. Thereafter, on September 5, 1945, this suit has been filed by the Plaintiff through hi next friend Abdul Waheb.