KISHAN LAL Vs. ISTIYAK AHMED

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India has been preferred claiming the following reliefs:

(2.) Brief facts of the case, as placed before this Court by learned counsel for the petitioners, are that the petitioner no.2 was a tenant in a Wakf known as 'Dargah Masjid Sindhian and Kabristan' and paid Rs.20.00 per month as rent to the private respondents no.1 and 2; later on, petitioner no.2 handed over the possession of said premises to petitioner no.1; an application came to be filed by the respondents no.1 and 2 before the Estate Officer (Sampada Adhikari) City Magistrate, Udaipur (respondent no.3) against the petitioners no.1 and 2 for vacating the said premises, as the same had been taken for 11 months and after the expiry of the said period, they were not entitled to remain in occupation of the premises in question. The petitioners filed reply to the said application.

(3.) Learned counsel for the petitioners submitted that the a Wakf is a Trust, and according to Sec. 48 of the Indian Trust Act, 1982, co-trustee cannot act singly, except where an instrument of the Trust, otherwise provides. It was further submitted that according to Sec. 47 of the Indian Trust Act, 1982, a Trustee cannot delegate his office or any duties either to a co-trustee or to any stranger, unless the instrument of Trust so provides.