SRIMUTTY JAMILA KHATUN Vs. ABDUL JALIL MEAH

JUDGEMENT

(1.) This Rule relate to an application made by the petitioner to the District Judge to be appointed Mutwalli of an alleged Wakf property and to the order of the District Judge made thereon dated the 6th August 1917, refusing to deal with the matter on application, on the ground that the petitioner s only course was to proceed by suit under Section 92 of the Civil Procedure Code.

(2.) It has been contended on the petitioner s behalf that the District Judge had jurisdiction to deal with the matter on application, because he is vested with the powers of a Kazi under the Muhammadan Law We were referred to the practice of this Court on the original side, but the case of In re Halima Khatun (1) shows that the practice is far from being settled

(3.) We were also referred to the case of Atimanuessa Bibi v. Abdul Sobhan (2) and the observation of the Privy Council in Mahomed Ismail v. Ahmed Moolla (3).