Court : Chennai
Reported in : AIR1969Mad66; (1968)1MLJ19
..... for the respondent refers to a series of decisions of this court which have held that where an aggrieved party fails to resort to the provisions of section 6 of the wakf act, for settling a dispute about the wakf character of the property, by filing a civil suit, he will be precluded from agitating the same question over again in writ proceedings. ..... alleged in the counter-affidavit that if the petitioners were aggrieved by such a declaration in the notification, they should have agitated the matter by filing a suit within the time prescribed in section 6 of the central wakf act, and having failed to do so, it is not open to the them in these writ proceedings to contend that the properties are not wakf properties and that they were not liabla to meet the demand for contribution.4. ..... ) from taking any action under the muslim wakf act (central act 29 of 1954) in regard to the levy of contribution under the aforesaid act for the properties mentioned in the schedule to ..... when the respondent relied upon these provisions of the wakf act, for negativing the right of the petitioners to obtain relief in the present writ proceedings, the learned counsel for the petitioner urged that this being a case of there being no wakf at all, the remedy under article 226 of the constitution will be available to ..... the concerned file of the wakf board dealing with the enquiry under section 4 of the wakf act, was produced before me by the learned advocate for the wakf board, at the time of the hearing of the .....
Tag this Judgment!Court : Chennai
Reported in : (1968)1MLJ410
..... thereupon made to the government of india which caused the passing of the enactment known as the mussalman wakf validating act, 1913. ..... it is, therefore, contended that the board has got jurisdiction over the same, and that the wakf board has been formed only to safeguard the interest of the wakfs and their properties, and that in accordance with section 46 of the wakf act, 1954, every mutawalli should pay annually to the board such contribution not exceeding six per cent, of the net annual income of such of its property as is situate in ..... not adverse, but simply silent, and that in the view of the prophet to provide for the comfort and dignity of one's own family is quite as much an act of piety, quite as genuine a form of alms-giving, as to provide for the poor in general.thus there was a good deal of controversy whether a wakf in favour of the settlor and his family is valid in muslim law, and in 1894 the privy council expressed in abdul fata mahomed v. ..... wakf act, 1954 was passed for the better administration and supervision of wakfs and to prevent mismanagement of wakf properties set apart for religious, pious ..... a settlement both for the benefit of the persons mentioned therein and charitable acts mentioned therein will plainly be a wakf-alal-aulad within the meaning of section 3(1)(iii) of act xxix of 1964, and that it will be a wakf for the purpose of the control of the wakf board to the extent to which the properties have been dedicated for the religious and charitable acts. .....
Tag this Judgment!Court : Chennai
Reported in : (1969)2MLJ556
..... orissa board of wakfs : air1966ori208 , it has been held that, prior to the passing of the wakfs act, a mutavalli had no power to grant lease of wakf property, if it be agricultural, for a term exceeding three years, and (a) if non-agricultural, for a term exceeding one year, unless he is authorised by the deed of wakf to do so; (b) or, where he has no such authority, unless he had obtained leave of the court to do so. ..... , section 42 of the wakfs act which is also relevant for the present discussion, and it is as follows:when there is a vacancy in the office of the mutavalli of a wakf and there is no one to be appointed under the terms of the deed, or where the right of any person to act as mutavalli is disputed, the board may appoint any person to act as mutavalli for such period and on such conditions as it may think fit.4. ..... the learned judge has merely referred to the contention of the petitioner in that case and expressed his agreement with it, without referring to the relevant provisions of the wakfs act, and that decision cannot be taken as an authority for the position that the wakf board has no jurisdiction to appoint a mutavalli. ..... the main question for consideration in this writ petition is whether the wakf board has jurisdiction under the wakfs act to pass the order in question. ..... section 15 (1) of the wakfs act defines the functions of the wakf board in general terms. .....
Tag this Judgment!Court : Chennai
Reported in : (1971)1MLJ46
..... subramaniam, appearing for the plaintiffs relied, has no relevancy to this case, as that related to matters arising under the charitable and religious trusts act, 1920 and mussalman wakf act, 1923. ..... trustee after the lifetime on 12th september, 1958, when she died and the first defendant assumed charge of the sole trusteeship and subsequently when the first defendant has been guilty of various acts of malfeasance, misfeasance and non-feasance, breaches of trust and misappropriation of trust moneys and when the first defendant failed to pay to the plaintiffs their shares in the income derived from the trust ..... the plaintiffs therefore submit that the first defendant has been guilty of acts of misfeasance, non-feasance in the matter of the administration of the trust and its properties and ..... plaintiff instituted this suit on i2th february, 1962, making the same, allegations against the first defendant as regards acts of misfeasance, malfeasance, non-feasance, breach of trust, misappropriation of trust monies, etc. ..... the plaintiffs alleged against the first defendant various acts of malfeasance, misfeasance, non-feasance, breaches of trust, misappropriation of trust monies and failure to pay them their share in the income derived from the ..... when a person interested in private trust alleges mismanagement or acts of breach of trust, it is a civil right and under section 9 of the code of civil procedure, such a person is entitled to seek redress in court for the purpose of remedying .....
Tag this Judgment!Court : Chennai
Reported in : (1971)1MLJ79
..... position is recognised by the law relating to private wakfs the mussalman wakf validating act (vi of 1913). ..... - section 6(1) of the wakf act, 1954, reads thus:6 (1) if any question arises whether a particular property is wakf property or not or whether a wakf is a shia wakf or sunni wakf, the board or the mutawalli of the wakf or any person interested therein may institute a suit in a civil court of competent jurisdiction for the decision of the question and the decision of the civil court in respect of such matter shall be final:provided that ..... the statutory notification in respect of the suit wakf under section 5 of the wakf act, central act (xxix of 1954), was published on 24th april, 1958, in the ..... family, children or descendants; and(b) where the person creating a wakf is a hanafi musalman, also for his own maintenance and support during his lifetime or for the payment of his debts out of the rents and profits of the property dedicated:provided that the ultimate benefit is in such cases expressly or impliedly reserved for the poor or for any other purpose recognized by the mussalman law as a religious, pious or charitable purpose of a permanent ..... not conformed to the directions under the wakf act, nor paid the contribution nor maintained accounts ..... 'wakf-alal-aulad' referred to in section 3(1)(iii) of wakf act, 1954, deals with such private wakfs, which has a combination of object partly for the maintenance and support of the donor's family and partially for pious, religious or .....
Tag this Judgment!Court : Chennai
Reported in : AIR1973Mad191
..... which is recognized by muslim law as pious, religious or charitable and the objects of public utility which may constitute beneficiaries under the wakf must be objects for the benefit of the muslim community and that the wakfs with which the act deals are trusts which are treated as wakfs under the definition of section 3(1) of the wakf act of 1954 and as such, a trust which does not satisfy the tests prescribed by the said definition would be outside the ..... the learned subordinate judge has held that by virtue of section 6 of the muslim wakf act 20 of 1954, the present suit is barred by limitation as the plaintiffs did not file the suit within one year of the publication of the list of wakfs it is really unnecessary to decide this question in view of our decision on the merits of the claim of the appellant. ..... air 1937 pc 174 has been quoted in the above decision as showing the distinction between wasiyat, bil and wakf, that is testamentary direction to heirs for wakf, and wakf bit wasiyat, that is wakf suspended or contingent upon death of wakif, as one of form and not of substance :"this distinction much discussed in agha ali khan v. ..... been held that so long as it appears that the intention of the donor was to set apart specific property or the proceeds thereof for the maintenance or support in perpetuity of a specific object or a series of objects recognized as pious by the mussalman law, it amounts to a valid and binding dedication.6. .....
Tag this Judgment!Court : Chennai
Reported in : (1972)2MLJ222
..... notice, while calling for the return of certain documents filed by the first plaintiff with the commissioner for wakfs, at the time of the survey held by him, he stated that he is finally issuing that notice informing the secretary, wakf board that he intended to file a suit in the civil court under section 6 of the wakf act for a final decision on the question whether the property is wakf or not. ..... third assistant judge, city civil court, also gave a finding on the additional issue that the requirement of notice under section 53 is a condition precedent for maintaining a suit against the wakf board and that the defendant could raise that plea at any stage of the proceedings and in that view held that the suit was bad for want of notice under section 56 of the wakf act.3. ..... the matter for a fresh trial, the learned principal city civil judge, also directed that the trial judge shall consider the question whether the objection taken on behalf of the state wakf board on the question of notice under section 56 of the act 'at a very late stage in the trial of the case could be deemed to have been waived by the wakf board as contended on behalf of the appellants.4. ..... wakf act, the facts in respect of the same alone need be ..... publication under, section 5 of the act notifying the suit property as wakf property was made on 20th may, ..... 1959, the plaintiff pleaded that he issued a notice as required under section 56 of the said act and 1jhat had been served upon the secretary of the wakf board. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1974Mad145
..... this is also clear from a reading of section 57(2) of the wakf act which states that, whenever any wakf property is notified for sale in execution of a decree of a civil court or for the recovery of any revenue, cess, rates or taxes due to the government or any local authority, notice shall be given to the board by; ..... therefore, section 36-a of the wakf act is not a bar to the applicability of section 9 of the city tenants protection act to the lands held by wakfs, where there is a valid tenancy ..... two of those circumstances have been already referred to, necessity and benefit for the trust--and i think there is added a further one by this new act iii of 1922, namely, when a tenant has been in possession of the land and has put up a superstructure on the land and to eject whom would be in certain circumstances plainly inequitable without compensation, and in ..... the learned counsel for the appellant that section 36-a of the wakf act prohibits the sale of the previous sanction of the board, and that, therefore, section 9 of the city tenants protection act could not be invoked. ..... the appellant contended that, unlike a trustee of hindu religious and charitable endowments, a mutavalli of a wakf has no power to sell under any circumstances, except with the sanction of the wakf board under section 36-a of the wakf act, 1954. ..... prior to the passing of the wakf act, a mutavalli had power to sell only with the previous ..... wakfs or trusts or endowments are not excluded from the operation of the act. .....
Tag this Judgment!Court : Chennai
Reported in : (1973)1MLJ74
..... this is also clear from a reading of section 57 (2) of the wakf act which states that, whenever any wakf property is notified for sale in execution of a decree of a civil court or for the recovery of any revenue, cess, rates or taxes due to the government or any local authority, notice shall be given to the board ..... therefore, section 36-a of the wakf act is not a bar to the applicability of section 9 of the city tenants protection act to the lands held by wakfs, where there is a valid ..... two of those circumstances have been already referred to, necessity and benefit for the trust--and i think there if added a further one by this new act iii of 1922, namely, when a tenant has been in possession of the land and has put up a superstructure on the land and to eject whom, would be in certain circumstances plainly inequitable with-out ..... the learned counsel for the appellant that section 36-a of the wakf act prohibits the sale of wakf property by a mutavalli without the previous sanction of the board, and that, therefore, section 9 of the city tenants protection act could not be invoked. ..... appellant contended that unlike a trustee of hindu religious and charitable endowments, a mutavalli of a wakf has no power to sell under any circumstances, except with the sanction of the wakf board under section 36-a of the wakf act, 1954. ..... prior to the passing of the wakf act, a mutavalli had power to sell only with the previous ..... wakfs or trusts or endowments are not excluded from the operation of the act. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1974Mad225
..... section 2 of the madras act is as follows-'the term 'wakf' defined in clause (1) of section 3 of the wakf act, 1954 (central act 29 of 1954) (hereinafter referred to as the said act), shall include all property given or endowed by any person professing any religion other than islam for the support of--(i) mosque, idgahs, imambaras, dargahs, khangahs or maqbaras; (ii) graveyards of persons professing islam; and (iii) choultries for, or musafarikhanas for, the benefit or persons professing islam; and the term 'wakf' defined in the clause ..... the learned counsel contends that sections 4 and 5 of the wakf act are on par with section 64 of the orissa hindu religious endowments act and once the wakf board causes a notification to be published, it must be held that there has been a quasi-judicial finding regarding the character of the property. ..... section 3(1) of the wakf act defines the work 'wakf' as follows:--' 'wakf' means the permanent dedication by a person professing islam of any moveable or immovable property for any purpose recognized by the muslim law as pious, religious or charitable and includes (i) a wakf by user; (ii) grants (including mushrut-ul-khidmat) for any purpose recognised by the muslim law as pious, religious or charitable; and (iii) a wakf-alal-aulad to the extent to which the property is dedicated for any purpose recognised by muslim law as pious .....
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