KAZI SALAHUDDIN Vs. KAZI BADRUZZAHEDIN (DABIR)

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 26.11.2007 passed by the High Court Division in Writ Petition No.5937 of 2003 making the Rule absolute and declaring order dated 27.08.2003 made by the respondent No.2 (Assistant Administrator) appointing the petitioner as Mutwalli of Khairuddin Kazi Wakf Estate, Dhaka to have been made without any lawful authority and of no legal effect.

(2.) Late Kazi Khairuddin and his son Badruzzahedin Dabir filed the Writ Petition No. 5937 of 2007 as petitioner Nos. 1 and 2 respectively stating, inter alia, that Kazi Khairuddin was the Mutwalli of Khairuddin Kazi Wakf Estate situated at 102, Islampur, Kotwali, Dhaka. The great grand father of late Kazi Khairuddin was Khairuddin Kazi, son of Joynuddin Kazi who by a deed dated 21 Sraban 1297 (Annexure-A to the writ petition) appointed his son Kamaruddin Kazi as Mutwalli of the Khairuddin Kazi Wakf Estate. This Khairuddin Kazi was the 1st Mutwalli.

(3.) Kamaruddin Kazi had two sons and the eldest son Kazi Alimuddin became Mutwalli after his father Kamaruddin as per wakfanama.