MINNAT ALI Vs. NABENDRA KISHORE ROY

JUDGEMENT

(1.) This appeal arises out of a suit for a declaration of the plaintiffs title as mutwallis to certain waqf and also for other reliefs.

(2.) The Court of first instance gave a decree to the plaintiffs. On appeal that decree was reversed and the plaintiffs have appealed to this Court.

(3.) The Court of appeal below found that the waqf was a collusive paper transaction intended to keep the properties covered by the waqfnama safe from the claims of any possible future creditor or other claims of other persons and that it is clear that the disputed property was never treated as waqf property and it was treated as secular property of Kamarali Patari and after his death it descended to his heirs as secular property and treated by them as secular property.