MOHAMMED SIDICK JAMALL Vs. AHMED SIDICK JAMALL

JUDGEMENT

(1.) This is an appeal from a judgment and decree in a suit brought under Sec. 92 of the Code of Civil Procedure, by which the trustees of a public charitable trust, held by the learned Judge to be a wakf, were removed from office and the official mutwalli who had been appointed in the suit to act as mutwalli of the wakf, was directed to continue. By the said decree it was ordered that the wakf be administered by the Commissioner of Wakfs under the Bengal Wakf Act, 1934, and direction were given for certain investigations and for application of the income of the wakf property to the objects of the wakf.

(2.) On February 10, 1919, one Jamall Jairaz and his son Sidick Jamall purchased premises No. 8/1/2, Loudon Street. After the death of Jamall Jairaz, by an indenture dated December 11, 1920, the said Sidick Jamall, his brother Cassim Jamall and his sister Bai Fatma Bai, with the intention to create a wakf, conveyed the said premises to the said Sidick Jamall and to his sons Ahmed Sidick Jamall, the Defendant No. 1 and Mohammed Sidick Jamall, the Plaintiff No. 1, as trustees upon trust to realise the rents, issues and profits of the premises and after payment of taxes and costs of repairs, spend the balance of the income for maintenance of a mosque and madrasa at Madhupur, for charities to the poor at Madhupur and Calcutta, for charities to other madrasas and orphanages in Calcutta and elsewhere, for granting monthly stipends to deserving Sunni Mahammedan students and lastly for such other charitable cause in such proportion as the trustees in their absolute discretion might think proper.

(3.) Sidick Jamall died in 1947 leaving him surviving his sons Ahmed, Mohammed, Ebrahim and Dawood. On his death, Ahmed and Mohammed became the surviving trustees.