Kolkata Court January 1920 Judgments

Fakhrunnessa Begam Alias Badsha Begam, Wife of Nawab Sultan HossaIn Kh ...

Court: Kolkata

Reported in: 56Ind.Cas.475

1. The petitioner before us is the Mutwali of a Muhammadan endowment and she applied to the District Judge for sanction to grant a lease of a piece of land comprised in the endowment. The learned District Judge disallowed the application on the ground that it was necessary for the Mutwalli to bring a suit under Section 92 of the Civil Procedure Code with the consent of the Advocate-General.2. We do not think it is necessary for the Mutwalli to institute a suit under Section 92 of the Code. Under the Muhammadan Law, a trustee is not entitled to let out imncoveable property for more than one year, or three years in certain cases, without the sanction of the Kazi. The powers of the Kazi are ordinarily exercised by the District Judge in the Mufasil and the sanction given by the District Judge on an application by the Mutwalli may be sufficient authority for the Mutwalli for letting out the property. The learned District Judge was of opinion that it was necessary to bring a suit under Secti...