ABDUL HAQUE Vs. ABDUL MANNAN

JUDGEMENT

(1.) This second appeal is directed against the concurrent findings of the Courts below. The learned Munsiff No.2, Karimganj partly decreed the Title Suit No. 159 of 1980 declaring the Documents No. 3208 and 3209 registered on 28.6.1978 as void. The learned Assistant District Judge affirmed the impugned judgment and decree in Title Appeal No. 8 of 1988. Being aggrieved thereby, the plaintiff Md. Abdul Haque has preferred this appeal admitted on 6.1.1997 for hearing on the following substantial questions of law :

(2.) Whether the learned Court below committed error in holding that the office of Mutawalli is not heriditary in view of Section 206 of the Mohammedan Law ?

(3.) Whether the learned Courts below were justified in not holding that only the founder of Wakf has power to appoint the 1st Mutawalli and lay down scheme for administration of the trust and for succession to the office of Mutawalli as provided U/S 204 of the Mohammedan Law?"