BIBI MAHPAARAH KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner, learned Counsel for the Bihar State Sunni Wakf Board and the learned Counsel appearing for respondent no. 5.

(2.) THE petitioner questions the orders dated 12.6.2002 and 28.6.2002 by which the respondent no. 2 has been appointed as Mutawalli of the wakf in question. Late Hafiz Mohammad Saleem Khan executed a wakf deed on 12.7.1939. This was for the maintenance of himself followed by his wife, sons and daughters. Pursuant to his first wife having predeceased him late Hafiz Khan solemnised a second marriage with the petitioner. Fresh progeny were born from this second marriage. Late Hafiz Khan then executed a fresh wakf deed on 5.11.1990. He again made himself the Mutwalli to be followed by the petitioner and other progeny from the second marriage. The two wakf deeds executed by him were in respect of separate properties which he now considered were disproportionate. On 3.10.1994 he executed a third wakf deed equitably in respect of the entire properties comprising the two earlier wakf deeds presently at Annexure 1/A. He again made himself the Mutwalli in his life time to be followed by the descedents in the wakf deed of 1939 and 1990 separately to the extent of their respective shares. On 1.12.2001 Hafiz Mohammad Salim Khan was deceased. The controversy starts then.

(3.) THE petitioner filed an application before the Wakf Board on 7.12.2001 to be appointed as the Mutwalli to the extent of the property dedicated to her after rearrangement by the wakf deed dated 3.10.1994. On 8.3.2002 the respondent no. 5 filed an application before the Board that he was to be appointed as Mutwalli for the properties dedicated in the deed of 1939. The application of the petitioner came to be rejected by the Chairman subsequently endorsed by the Board.