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In Re: Woozatunnessa Bibee

Type Court Judgment Court Kolkata Decided Aug 25, 1908
~1 min read
https://sooperkanoon.com/case/851084

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Citation
Court
Kolkata
Judge
Decided On
Subject
Trusts and Societies

Case Summary

AI-generated summary - not the official court judgment text.

Mahomedan Law - Wakf property--Jurisdiction. -

Key legal issue
Trusts and Societies

Parties & Advocates

Appellant / Petitioner

In Re: Woozatunnessa Bibee

Legal References

Cases Referred
Shama Churn Boy v. Abdul. Kabeer
Reported In
(1909)ILR36Cal21,1Ind.Cas.512

Excerpt

mahomedan law - wakf property--jurisdiction. - woodroffe j.1. i will make an order in terms of the prayer of the petition, not under the acts, which head the petition, but on the authority of shama churn boy v. abdul. kabeer (1898) 3 c.w.n. 158, which lays down that this court has jurisdiction under mahomedan law to authorise dealings with wakf property. a similar order was made by mr. justice stephen on the 2nd july 1906.2. the petition shows that the present rent is rs. 90-8, less taxes, and this has to be recovered from a number of small tenants. it is now proposed to let the property at a rental of rs. 130 to one tenant for 30 years. this appears to me to be beneficial. i make the order and give liberty to the applicant to carry out the arrangement.

Full Judgment

Woodroffe J.

1. I will make an order in terms of the prayer of the petition, not under the Acts, which head the petition, but on the authority of Shama Churn Boy v. Abdul. Kabeer (1898) 3 C.W.N. 158, which lays down that this Court has jurisdiction under Mahomedan Law to authorise dealings with wakf property. A similar order was made by Mr. Justice Stephen on the 2nd July 1906.

2. The petition shows that the present rent is Rs. 90-8, less taxes, and this has to be recovered from a number of small tenants. It is now proposed to let the property at a rental of Rs. 130 to one tenant for 30 years. This appears to me to be beneficial. I make the order and give liberty to the applicant to carry out the arrangement.

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