DARGAH COMMITTEE AJMER Vs. HAMIDA BANU

JUDGEMENT

(1.) These two appeals arise out of the judgement and decree dt. 28th Oct., 1976 passed by the learned District Judge, Ajmer in Civil Suit No. 18/73. Plaintiff Dargah Committee instituted a suit against the defendants and prayed therein that the plaintiff Dargah Committee may be declared as the Manager and Mutwalli of the Wakf properties after the death of Mumtaz Begam. A further declaration was sought that it may be declared that the defendant 1 is not the owner of the property No. 5. Decree was also sought against the defendant No. 2 in respect of the properties Nos. 1 to 5. A decree for rendition of account was also sought for. In para 4 of the plaint it has been mentioned that in the light of the Government deed, Ex. 1, the line of succession is as under :-

(2.) Mumtaz Begum executed a registered sale deed on 5-12-1968 stating therein that she bequeathed waqf properties Nos. 4 and 5 to defendant No. 1 as she was their absolute owner. It was also stated in the will that there was no male member left to the Waqif after her death and, as such, defendant 1 will act as Mutawalli. Defendants submitted the written statement and it was prayed therein that the line of waqif has not come to an extinct and, as such Durgah Committee is having no right to file a suit. After considering the pleadings of the parties the following issues were framed :-

(3.) Issue No. 2 has been decided against the plaintiff. Rest of the issues have been decided against the respondent-defendant. The Court dismissed the suit of the plaintiff on the ground that the line of descendants of the wakif has not come to extinct and, as such, the plaintiff is not entitled to act as Manager or Mutwalli of the wakf property as alleged by him in para 10 of the plaint. The court also held that Mumtaz Begum illegally willed away a part of the wakf property and she was not entitled to appoint defendant 1 as Mutwalli of the wakf properties as mentioned in para 11 of the plaint.