MD MUSLIM JAVED Vs. JOYNAB BIBI

JUDGEMENT

(1.) THIS Rule was obtained by the petitioner, against whom an order was passed by the court below, directing that the instant execution case do proceed against him as the legal representative of the judgment-debtor, who was the mutwalli of a wakf estate.

(2.) IT was found by the learned judge in the court below that it was not disputed that the execution case was liable to proceed only against the mutawalli of the wakf estate. The original judgment debtor, who was the admitted mutwalli of the said wakf estate at the time, died and, in his place, the present petitioner was sought to be proceeded against as his legal representative.

(3.) THE learned Judge in the court below held that the petitioner was the legal representative of the mutwalli upon the view that he was, on the: evidence, intermeddling with the properties of the wakf estate, and, accordingly, he would come as the legal representative of the deceased mutwalli under Sec. 2 (11) of the Code Civil procedure.