Court : Chennai
Reported in : AIR1947Mad176; (1946)2MLJ335
..... follows that the wakfnama satisfies the requirements of the proviso to section 3 of the mussalman wakf validating act, 1913, and must be upheld as valid.20. ..... widow, the first respondent herein, sued her co-heirs for partition of his estate and for accounts, impugning the validity of the wakf, and the subordinate judge of mayavaram who tried the suit has upheld her claim, finding that the wakf was not valid either under the mahomedan law as it was understood before the mussalman wakf validating act (no. ..... per annum is an illusory trust and cannot be upheld as a valid wakf under the muhammadan law as expounded by the decisions of the privy council before the passing of the mussalman wakf validating act, 1913. ..... but the act has made it perfectly clear, that, in the context of mussalman wakfs, ' religious, pious or charitable purposes ' refer only to purposes 'recognised' as such by the mahomedan ..... this case-law which made considerable inroad upon the mahomedan law as declared by authoritative mussalman law-books like fatawah alamgiri which had accepted and followed the views of abu yusuf, has been superseded by the act which now declares the rights of muslims to make settlements by way of wakf in favour of their families, children and descendants. ..... turning now to the provisions of the act, section 2(1) defines'wakf' as 'the permanent dedication by a person professing the mussalman faith of any property for any purpose recognised by the mussalman law as religious, pious or charitable. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1953Mad425; (1952)2MLJ933
..... were concerned and which were equally applicable to mapillas as to muslims of other parts of the country, there can be no substance in saying that what has been sought to be repealed by section 6 of the muslim personal law (shariat) application act was not the marumakathayam law of inheritance, but only a custom- the marumakathayam law of inheritance is based on a custom which was prevalent in the parts of the country where the mappillas lived and it is that custom which ..... a furtheramendment was also made by madras act 18of 1949 by which the words found in the original section 2 of act 26 of 1937, namely, 'other thancharities and charitable institutions and charitable and religious endowments' were alsoomitted, so that the muslim personal law(shariat) application act was made applicableeven to wakfs which included charities, charitable institutions and charitable and religiousendowments in the province or state of madras.13. ..... section 2 of that act provided that: 'notwithstanding any custom or usage to the contrary, in all questions (save questions relating to agricultural land), regarding intestate succession, special property of females, including personal property inherited or obtained under contract of gift or any other provision of personal law, marriage, dissolution of marriage, including talaq, ila, zihari, lian, khula and mubaraat maintenance, dower, guardianship, gifts, trusts and trust properties and wakfs (other than charities and charitable .....
Tag this Judgment!Court : Chennai
Reported in : AIR1953Mad143; (1952)2MLJ657
..... putting it in good repair but the mahlara had not sufficient surplus funds to effect the repairs and that under the circumstances the persons who were in management thought it a most prudent act to sell away the property and to purchase with the sale proceeds property which was likely to fetch more income for the mahlara & that the property purchased at tuticorin did yield more ..... seems likely that if this loophole is left open the parties concerned will always be disposed to consider that the "kazi" is at too great a distance to be conveniently applied to, and mortgages of wakf property will have been placed practically on the same footing as mortgages of hindu family property, namely, that the parties take the risk of being able to satisfy the court that there was a bona ..... with due respect to the learned author we may remark that the mussalman jurists could not have contemplated the kazi ceasing to have the powers with which he was vested in their days and the substitution of ..... he urged before us two grounds, (1) that the retrospective approval or sanction can be given by the court to an alienation of wakf property if it was found to be supported by necessity or if it was beneficial to the trust and (2) that the plaintiff had accepted the benefit of the transaction which comprises the purchase in tuticorin along with ..... never contemplated by the mussalman jurists. ..... as follows:"speaking with respect, the view here expressed misses the principle underlying the rule of mussalman law. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1953Mad958
..... the contents of the document itself in preference to the allegations contained in paragraph 5 of the plaint and having also said that rahamatullah sahib was appointed as a trustee in the year 1923 or thereabouts as mentioned in paragraph 6 of the plaint, it was not open to the respondent to go back upon the admission contained in his written statement and contest that rahamatullah, the ..... of the trust the wife of the founder, namely, ghouse bibi, was not in a fit position to carry on her duties as trustee, that thereupon, in or about 1923 the committee of supervision appointed the founder rahamatulla himself as a trustee in place of his wife and that he was also given the power to appoint a trustee in his place if it ..... he urged that the appellant's case was that the committee of supervision, in exercise of the powers bestowed in that behalf appointed rahamatullah sahib in october 1923 or thereabouts to be a trustee in place of his wife ghouse eibi and that being the case even though he might have been empowered to appoint a person as ..... it is also a well accepted principle of muslim law that if any person appointed as mutavalli dies or refuses to act or is removed by the court or if the office of mutavalli otherwise becomes vacant and there is no provision in the deed of wakf regarding succession to the office, a new mutavalli may be appointed either by the founder of the wakf or by his executor if any; if there be no executor, the mutavalli for the time being may appoint a .....
Tag this Judgment!Court : Chennai
Reported in : (1956)1MLJ119
..... of the calcutta high court that section 2 had no application to the provisions of the mussalman wakf validating act, 1913. ..... any other provision of personal law, marriage, dissolution of marriage, including talak, ila, zihar, lian, khula and mubarat, maintenance, dower, guardianship, gifts, trusts and trust properties, and wakfs (other than charities and charitable institutions and charitable and religious endowments), the rule of decision in cases where the parties are muslims shall be the muslim personal law (shariat).this section was ..... amended by the madras act xviii of 1949 and the amended section runs thus:notwithstanding any custom or usage to the contrary, in all questions regarding intestate succession, special property of females, including personal property inherited ..... the learned judges said:before the passing of the shariat act, section 37 of the bengal, agra and assam civil courts act (xii of 1887) provided for the application of mussalman law to questions of succession, inheritance, marriage and religious usage and institutions only and left all other matters to ..... effect of section 2 of the shariat act is to make the mussalman law expressly applicable to subjects, which, under the terms of previous acts and regulations had to be decided ..... had restored in its complete form the mussalman law of wakf. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1957Mad583
..... under the mussalman wakf validating act, it is intended to be used in a broad and popular sense.popularly however the term indicates persons descended from one common progenitor and ..... will be given preference and that in the first instance this court itself may appoint defendants 8 and 10.the term 'family' will be construed in the sense of 'family as used in section 3(a) of the mussalman wakf validating act, 1913,. ..... by him, that the management of the property was to be with the ibrahim sahib during his lifetime and thereafter it was to be with ibrahim sahib's cousin mahomed hussair, sahib who died in 1923 and his brother-in-law gaffoor sahib, to whom this ibrahim sahib seems to have been greatly attached, under the orders of his childless second wife habibsa bivi.provision is also made for the residence ..... 127: air 1916 pc 132 (d), cites an ancient authority as laying down that 'were the wakif (the founder) to make a condition that the king or kazi should not interfere in the management of the wakf, still the kazi will have his superintendence over it, for his supervision is above every thing. ..... but the court dismissed that petition holding that it would not go into the acts of the alleged mismanagement and as one of the two original mutawallis was functioning, there was no need to appoint another, gaffoor ..... cannot be ousted by any agreement between the parties about the office of mutawalli in the case of wakf partly for private and partly for religious or charitable purposes. ..... 1923 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1957Mad194
..... -sequent to the mussalman wakf validations act of 1913. ..... the expenses have to te met from out of the income of the lands after paying the melwaram due to the nagore durgah.the wakf deed also provided that 3/4 ths of the net income from the lands was to be spent for the trust, but, in order to provide for the due performance of the trust, in years when there may be a failure ..... sena muslim law (third edition) (1954) as follows:'a worshipper can enforce his individual right in connection with a mosque, but he cannot sue for the recovery of an unauthorised alienation of wakf property; the mutawalll alone can have the fight to institute a suit for its recovery: debendra nath v sheikh safatulla : air1927cal130 . ..... are other terms prohibiting alienation and gifting of the wakf property and for building up of reserves.thus this was a permanent dedication by a muslim, of properties partially for the maintenance and support of his family children and descendants and for purposes recognised by mussalman law - religious, pious or charitable. ..... jagat ballay ghosh, ilr a pat 391: am 1923 pat 475 (t), which was a case of muhammadan wakf, it was held that the beneficiary of a trust, in respect of a muhatnmadah wakf, interested in the maintenance of a mosque or other charitable institution, may, without having recourse to o. 1, ..... das,ilr 50 cal 329: 44 mad lj 624: air 1923 po 44 (2) ; abdul rajak v. ..... -swami aiyar, 44 mad lj 116: air 1923 mad 276 . ..... ilr 50 cal 329 : air 1923 pc 44 (e); mahommed ahsanulia v .....
Tag this Judgment!Court : Chennai
Reported in : AIR1957Mad577
..... '' the word trust is used sometimes to refer to the obligation that is annexed to the ownership of property (as in the indian trusts act, section 3) and sometimes to the deed containing trusts, and in particular to deeds containing family settlement in england. ..... learned counsel for the respondents urged that the appellant should be treated as a person entitled to maintenance out of the estate, and that his claim should be determined with reference to the principle that underlay section 45 (2) (b) of act xxvi of 1948, which has been extended by the rules framed under the act to estates other than impartible estates. ..... bevuhalli mitta, which was an estate as defined by the madras estates land act, belonged to mir mohamed salia sahib. ..... valid, the appellant would be entitled to the arrears which had accrued due in fasli 1358 and 3559 and during the first half of fasli 1360, that is till the estate vested in the government under act xxvi of 1948. ..... , taken over by the government under the provisions of madias act xxvi of 1948.2. .....
Tag this Judgment!Court : Chennai
Reported in : (1957)2MLJ453
..... 'trust' is used sometimes to refer to the obligation that is annexed to the ownership of property (as in the indian trusts act, section 3) and sometimes to the deed containing trusts, and in particular to deeds containing family settlement in england. ..... trusts are recognised not only in the case of the mutawalli of a wakf, the guardian of the property of a lunatic or minor, and the executor; there is, in addition a specific recognition of ' ownership with responsibility ' to another person in such texts as the ' fatawa alamgiri, the sharaiul islam and the ..... for the respondents urged that the appellant should be treated as a person entitled to maintenance out of the estate, and that his claim should be determined with reference to the principle that underlay section 45(2)(6) of act xxvi of 1948, which has been extended by the rules framed under the act to estates other than impartible estates. ..... , which was an estate as defined by the madras estates land act, belonged to mohamed salia sahib. ..... appellant would be entitled to the arrears which had accrued due in fasli 1358 and 1359 and during the first half of fasli 1360, that is, till the estate vested in the government, under act xxvi of 1948. ..... trusts of hanafi law took most often the shape of wakf. ..... vellore, for payment out to him of a portion of the amount deposited with the tribunal as advance compensation for the bevuhalli mitta estate in salem district, taken over by the government under the provisions of madras act xxvi of 1948.2. .....
Tag this Judgment!Court : Chennai
Reported in : (1960)2MLJ351
..... to all principles of equity, and to the law, to hold that the tenant's unsuccessful attempt to invoke section 9 amounts to a waiver with regard to his rights under sections 3 and 11 of the act, and that, in consequence, the suit must be held to have been validly instituted, notwithstanding the failure to comply with section n, the provisions of which are mandatory arid absolute.11. ..... issues : (i) whether the madras city tenants' protection act, 1921 (act iii of 1922) applies to the present case, either as it stood, or as amended by madras act xix of 1955; (ii) whether, if the act is applicable, the decree in, ejectment can be supported, when the landlord admittedly failed to comply with the provisions of section 11 of the act, and when section 3 of the act has also not been complied with; (iii) whether ..... clearly laid down in several prior decisions of this court that the provisions of section 11 of the madras city tenants' protection act were mandatory, and that failure to comply with those provisions would necessarily entail the dismissal of the suit. ..... fact that the plaintiff is a person functioning as a mutawalli of a muslim wakf and not in his personal right, i direct the parties to bear their own ..... but the learned judge later observed:further it must be borne in mind that the provisions of section 11 of the act were enacted for the benefit of the tenant, as pointed out in the rulings referred to above, and not for his detriment, and the landlord cannot therefore take advantage .....
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