MOHIUDDIN CHOWDHURY Vs. AMINUDDIN CHOWDHURY

JUDGEMENT

(1.) This is a rule obtained by one Mohiuddin Chowdhury upon the opposite party to show cause why the order made by the District Judge of Sylhet, dated the 5 March, 1922, should not be set aside.

(2.) The order relates to a Muhammadan endowment in the village of Phulbari. The then Mutwalli had resigned and the office was vacant. The question before the learned District Judge was the appointment of a new Mutwalli. The question was raised by an application or applications made to the learned Judge to appoint a Receiver and he has dealt with it, as it appears, in accordance with the directions laid down, by the founder in the deed of endowment.

(3.) The deed provides in effect, according to the learned District Judge and according to the petitioner himself, that on a vacancy occurring in the office of Mutwalli, it should be filled by a pious Muhammadan, appointed by a competent Court on the nomination of five respectable and pious Muhammadans of the village.