MD. YUSUF CHOWDHURY Vs. ADMINISTRATION OF WAKF

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 23.07.2009 passed by the High Court Division in Writ Petition No.5351 of 2000 discharging the Rule and affirming the order dated 01.10.2000 passed by the Administrator of Waqf, Dhaka in B.C.No. 2323 (Chittagong) (Tofazzal Ali Chowdhury Waqf Estate) rejecting an application under Section 32(1) of the petitioner.

(2.) The facts, in short, are that the petitioner's predecessor Tofazzal Ali Chowdhury created "Tofazzal Ali Chowdhury Waqf Estate" by deed No.415 dated 22.01.1915 with the noble and pious object of proper management of two mosques and to meet the expenses for jiarat of the graveyard of the Wakif, his wife and his predecessors etc.

(3.) The Wakif got 2(two) wives and had 4 (four) sons and 1 (one) daughter through his first wife, namely (a) Islamil Chowdhufy,(b) Hamdu Meah Chowdhury,(c) Eazal Karim Chowdhury, (d) Dula Meah Chowdhury and (e) Aeaba Khatun and Wakif had 2 (two) sons and 3(three) daughters through his second wife, namely (a) Abul Hossen Chowdhury, (b) Ekhlasur Rahman Chowdhury, (c) Mazuma Khatun, (d) Rowshan Jamal and (e) Tahmina Khatun. During the life time of Wakif, his daughter Tahmina Khatun died before marriage. The Wakif Tofazzal Ali Chowdhury took his second wife at the fag end of his life and therefore, his two sons namely Abul Hossain Chowdhury and Ekhlasur Rahman Chowdhury through his second wife were more or less equal to Wakifs grand sons in age and grand daughters through his first, second and third son through his first wife. The Wakif s son Ekhlasur Rahman Chowdhury was younger than the Wakifs grand son Md. Sirajul Islam Chowdhury.