FAZAL SHEIKH Vs. ABDUR RAHMAN

JUDGEMENT

(1.) :- This is an appeal against the judgment and decree dated 16-11-70 of the District Judge, Goalpara at Dhubri in Title Appeal No.11 of 1975 reversing the judgment and decree dated 24-1-73 passed by the Munsiff No.1, Dhubri in Title Suit No.383 of 1965.

(2.) The circumstances which have given rise to the action may be briefly summarised. One Raibahadur Biraj Mohan Dutta held a jote of about 73 Bighas of land in village Adabari under the Gauripur Raj Estate. The said jote was sold to one Khosa Sk and his three sons - Sitap, Kitap and Ainulla Sk. by a registered deed of sale dated 4-5-1928. Out of this 73 bighas, 50 bighas of land was sold by the Sheikhs on 30-4-1940 to Maulana Abdul Hamid Khan also known as Maulana Bhasani (hereinafter referred to as 'Maulana') by registered sale deed dated 10-9-1940. Maulana lived at Hamidabad, previously known as Ghagmari. Delivery of possession of the land in pursuance of the sale deed was made by vendors to one Manikuddin Sarkar, who acted on behalf of Maulana. Out of total 50 bighas so purchased, 25 bighas of land comprising two plots, was settled with the vendors themselves on Adhi. On the remaining 25 bighas Maulana constructed his dwelling house and excavated a tank. The representative of Maulana, Kumed Ali lived in the house and also cultivated the land. Maulana's family also occasionally visited the place.

(3.) On 16-10-1943. Maulana created a Wakf of about 732 bighas of land situated in different mouzas, which included the 50 bighas of land purchased vide deed dated 30-9-1940 as stated above. The registered deed of Wakf provided that half of the income of the property shall be spent for the maintenance of Maulana's heirs and the income of the other half would go to Anjuman Islam, a local religious institution, to be spent on public welfare works permitted by the Shariat. One Ijadur Rahman Choudhury was appointed the first Mutawalli. The Wakf deed also laid down a scheme for appointment of subsequent Mutawallis.