SK. YEARALI Vs. MD. SULTAN

JUDGEMENT

(1.) THESE two petitioners were! convicted by a Magistrate at Barasat under Section 57(1)(a) of the Bengal Wakf Act, 1934 and sentenced to pay a fine of Rs. 60/ - each, in default to suffer rigorous imprisonment for one month each. Upon appeal the convictions were upheld but the sentence was reduced in each case to a fine of Rs. 30/ -, in default to suffer simple imprisonment for three weeks by the Sessions Judge, 24 Parganas.

(2.) BRIEFLY stated the case against the petitioners is that they being Mutawallis of a certain Wakf estate failed to comply with the directions issued by the Wakf Commissioner for enrolment of the estate under the Bengal Wakf Act.

(3.) SUB -section (6) of Section 44 makes it plain that it provides for two classes of cases, - first, wakfs in existence at the date of the commencement of the section and secondly, wakfs which may be created after the section was brought into force. In either case it is provided that the application has to be made within the time limit of six months, in one case from the date of the commencement of the section and in the other case from the date of the creation of the wakf.