Case Note & Summary
The case involved an appeal against a judgment of the Allahabad High Court dismissing a writ petition concerning the status of certain properties claimed to be wakf. The properties were originally created as wakf by Mirza Mohammed Haider in 1926, with his son Piarey Mirza appointed as the Mutwalli. The wakf was registered under the U.P. Muslim Wakfs Act, 1936, and a notification was issued in 1954. In 1958, a collusive suit was filed by the Wakif against the Mutwalli, which was decreed on compromise without the Board of Wakfs being a party. Subsequently, the Wakif and Mutwalli transferred the properties to the appellant, who later faced a notice from the Shia Central Board of Wakf to hand over possession. The appellant's appeal against this notice was dismissed by the Civil Judge, leading to the writ petition before the High Court. The High Court upheld the wakf's status, stating that the registration and notification had not been challenged. The appellant argued that the properties had become secular due to changes in revenue records and the collusive decree. However, the court emphasized that the wakf character of the properties could not be extinguished by any act of the Mutwalli or anyone claiming through him. The Supreme Court found no reason to differ from the High Court's judgment and dismissed the appeal, affirming the properties' wakf status.
Headnote
A) Wakf Law - Creation and Continuation of Wakf - Properties retain wakf character despite revenue record alterations - U.P. Muslim Wakfs Act, 1936, Section 38; U.P. Muslim Wakfs Act, 1960, Section 29 - Court held that once a wakf is created, the properties vest in the Almighty and cannot be treated as secular properties by the Mutwalli or anyone claiming through him. The collusive decree between the Wakif and Mutwalli was void and did not affect the wakf status of the properties (Paras 1-3).
Issue of Consideration
Whether the properties in question ceased to be wakf properties due to alterations in revenue records and a collusive decree.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's judgment that the properties retained their wakf character and the collusive decree was void.
Law Points
- Wakf creation
- Collusive decree
- Authority of Mutwalli
- Registration of Wakf
- Revenue records alteration
