Court : Mumbai
Decided on : Mar-09-1929
Reported in : AIR1930Bom191; (1930)32BOMLR215
..... a religious character.13. kaleloola sahib v. nuseerudeen sahib was decided before the mussalman wakf validating act, 1913, was enacted. that act defines, wakf as meaning: '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.' under this definition not only objects which ..... abu sayid khan v. bakar ali i.l.r. (1901) all. 190. in my judgment the controversy is now set at rest by the definition of wakf under the wakf validating act, 1913, which speaks of the permanent dedication of ' any property.' ' any property' would include moveable as well as immoveable property. 16. it is clear ..... the dedication made in clause 3 of the will is at least partly that of money. prior to the wakf validating act there were conflicting rulings of various high courts in india as to whether a valid wakf could be made of money. our court in common with the high courts of calcutta and madras inclined to .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-19-1929
Reported in : AIR1929All465
..... can operate only on the property made the subject thereof, 'waqf' according to its definition given in the mussalman waqf validating act:means the permanent dedication by a person professing the mussalman faith of any property for any purpose recognized by the mussalman law as religious, pious or charitable.5. the expression 'any property' does not mean the physical object ..... widows of the deceased for possession of their shares by inheritance, and for avoidance of the so-called sale-deed. mt. rahim bibi, however, acted as if that deed was valid, and after executing the deed of waqf in june 1913 applied for and obtained mutation of names in both villages on the basis of the deed ..... god the almighty.' the present plaintiff, fazal ahmad, who as one of the heirs of manzoor ahmad was at that time disputing the deed of sale and the wakf, had by some means become the lambardar of these villages, and succeeded in preventing the lady from realizing the profits, and in consequence she had to execute .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-11-1929
Reported in : AIR1930All169
..... the settlor's family. in musharraf begam v. sikandar jahan begam : air1928all516 it was observed that the word 'female' had been used in the mussalman wakf validating act in its broad popular sense so as to include all relatives more or less dependant on the settlor, and that a daughter-in-law living with an ..... for charity and other pious purposes is comparatively small in amount and is of an illusory character because of its uncertainty. since the passing of the mussalman wakf validating act the matter is now beyond the reach of controversy that the creation of an endowment for the maintenance and support wholly or partially of the family ..... purposes was left to an uncertain and discretionary amount. apart from the fact that the instrument was created long before the mussalman wakf validating act, the terms of the document clearly indicated that the wakf was a family perpetuity in disguise. the conditions in the document in controversy now before us are essentially different. in mohammad .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-20-1929
Reported in : AIR1930Cal47
..... plaintiffs, defendants 1 and 2 in, the present suit then alleged mutwalli right in the disputed properties? was the wakf nama set up a valid and genuine document? was it acted upon17. the additional judge held:the wakf was a collusive paper transaction intended to keep the properties covered by the wakfnama safe from the claim of any ..... possible future creditor or other claims of other persons. it is clear that the disputed property was never treated as wakf property ..... the appellants that it does not operate as res judicata for two reasons: 1st because whereas in that suit the present plaintiffs as defendants challenged the validity of the wakf in their capacity as revenue sale purchasers and were setting up a title paramount and were not claiming through the settlor; in the present suit .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-26-1929
Reported in : AIR1929Bom335
..... authorized to do was to examine the accounts for certain specific wakf properties on this separate application in each case. no general permission ..... regards his statement that he had been authorised to examine wakf properties and to issue certificates, this is inaccurate. the statement means, i think, that he had been given authority to audit the accounts of wakf properties generally by an order of the court under section 6(2), mussalman wakf act of 1923. in fact, all that he had been ..... charge against him is shortly that he had been guilty of improper conduct under section 20, bombay pleaders act, inasmuch as he sent various circular post cards to the public with reference to the examination of accounts of wakf properties. these post cards are signed by him as high court pleader. they are in the form ex .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-30-1929
Reported in : AIR1930Cal530
..... the sale, already parted with their interest in the property by sale to defendant 5. fraud perpetrated by a party to the transaction will not give it validity except in the case of a subsequent holder of the property in good faith and for valuable consideration. where the transaction is vitiated by fraud, it affects ..... of bai rewa v. vali mahomed miya mahomed a.i.r. 1922 bom. 211, which follow the allahabad decision. in that case, the mortgagee had purchased a wakf property and subsequently lost title to it. thereafter the mortgagee wanted to enforce his previous mortgage. the learned judges held that there were circumstances indicating that, at the ..... the property to the plaintiff, they had no subsisting title to it, and, therefore, they could pass no title to the plaintiff. section 101, t.p. act says that, where the owner of an incumbrance on immovable property becomes absolutely entitled to that property, the encumbrance shall be extinguished. the principle underlying this section is an .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-08-1929
Reported in : AIR1929All973
..... nature, that only two persons namely baldeo prasad and har dayal having created the wakf: see para. 3 of the plaint, and they having joint sons living with them, were incompetent to make a valid wakf and the wakf was never put into force. as regards the competence of the persons mul chand and matadin to maintain ..... out of possession, could not maintain a suit for a pure declaration and the suit was barred by section 42, specific relief act. they denied the existence of the wakf.4. the learned subordinate judge held that the wakf, as indicated by the award printed at p. 59 of the record and dated 15th september 1866, was of a public charitable ..... the suit the learned judge was of opinion that they could maintain it. he also held that section 42, specific relief act, was no bar to the maintenance of the .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-13-1929
Reported in : AIR1930Bom497; (1930)32BOMLR907
..... 20. it has not been urged that there is any special contract with government.21. the law relied on is section 3 of the summary settlement act (bombay act vii of 1863):-this act shall not apply to lands which, in villages held on taluqdari, bhagdari, narwadari, khoti or other similar tenure, may have been partially or wholly ..... relinquish his occupancy provided that such relinquishment applies (in this case) to the whole survey number. section 74 has since been amended and section 75 repealed by bombay act iv of 1913. but we are concerned here with the effects of the relinquishment in february 1912. the plaintiffs' contention, therefore, that the relinquishment in favour ..... afforded to other classes of landholders, e. g., under the sind encumbered estates act. it does not apply to cases of relinquishment. as section 31, (cl. 2), provides that no alienation of any portion of a talukdar's estate shall be valid unless made with the previous sanction of the governor in council, which shall only .....
Tag this Judgment!Court : Chennai
Decided on : Nov-05-1929
Reported in : AIR1930Mad755; (1930)59MLJ183
..... other documents mala fide and without consideration, that some or all of the defendants 7 to 108 are in possession of the suit village, that the alienations are not valid and binding upon the plaintiff, that the plaintiff has no desire or necessity to continue the services of the defendants or permit them to enjoy the revenues of the ..... therein had mortgaged three-fourths portions of their holdings to certain persons and because of their not being able to earn their living upon the remaining portion were committing acts of trespass and mischief referred to therein and they prayed that the zamindar would put a stop to this by attaching the villages and warning the holders of the ..... required by the zamindar paying the kattubadi of rs. 37-8 in two instalments. it concludes by saying:if it comes to notice that we have in any way acted in contravention of your. highness's orders, we agree to your highness taking away the said village from our possession and getting it annexed to the estate.28. a .....
Tag this Judgment!Court : Chennai
Decided on : Nov-05-1929
Reported in : AIR1930Mad514; (1930)58MLJ675
..... in seethai ammal v. narayana aiyangar (1928) m.w.n. 710. it has been argued for the respondents that though the court may be bound by law to do an act, the party can take advantage of the breach of this obligation if the court does not do it. grace v. clinch (1843) l.r. 4 q.b. 606 is quoted .....
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