JB. MANSOOB ZAHEDI Vs. BOARD OF WAQF

JUDGEMENT

(1.) Petitioner herein has assailed Order no.2 dtd. 29/9/2019 passed by learned Waqf Tribunal in O.A no 23 of 2019.

(2.) The background of the present case is one Abdul Jabbar Khan and his wife Sademan Nessa of Village Kasiara, Burdwan executed a deed of waqf being no 1905 for the year 1910 and dedicated their entire properties. In the said deed of waqf the aforesaid wakifs (dedicators) directed that after their death, their third son Md. Abdus Samad would be the Mutwalli. After his death Mutwalliship would be chosen from among the heirs and successors of said Md. Abdus Sammad who would be older in age and competent to carry out the activities of the Waqf estate. After the death of Md. Abdus Sammad his son Md. Abdul Ahad became next Mutwalli of the waqf estates who on 12/6/1935 made application for enrolment of the waqf properties. The commissioner of waqf accordingly enrolled the waqf under E.C no 1154A. Said Abdul Ahad thereafter made two enrolment applications one after another on 19/1/1954 and 10/7/1954 respectively. The enrolment application dtd. 10/7/1954 was admitted as accreditation while enrolment application dtd. 19/1/1954 was entertained with a new number being E.C 1154. Md. Abdul Ahad prior to his death executed two registered deed of appointments being deed no 7045 date 7/10/1980 and deed no 7046 dtd. 7/10/1980 in order to give appointment to two persons namely Jb. Meheboob Zahedi and Jb. Md. Abdul Quavi in respect of aforesaid E.C no 1154 and 1154A respectively. Petitioner's case is after the death of Abdul Ahad the Board of waqf relying upon aforesaid deed of appointment dtd. 7/10/1980, issued appointment letter to aforesaid Mehabub Zahadi in respect of E.C no 1154 on 12/11/1980 and further issued a separate letter of appointment to aforesaid Abdul Quavi who is the father of opposite party no 2 as Mutwalli in respect of E.C no 1154A on 13/11/1980.

(3.) After the death of aforesaid Mahboob Zahadi, the Board of waqf appointed his two sons as joint Mutwalis in respect of E.C no 1154 for a term of five years under Sec. 63 of Wakf Act, 1995. After the demise of Abdul Quavi his successor in interest i.e. opposite party No.2 became recorded Mutwalli on 2/5/2002 in respect of E.C no 1154A.