Case Note & Summary
The judgment concerns two writ petitions filed under Articles 226 and 227 of the Constitution of India, challenging a common order dated 23.4.2011 passed by the Principal District and Sessions Judge, Bangalore, in Misc.No.324/2008. The first petitioner, Elixir Enterprises and Hotels Private Limited, and the second petitioner, Mohammed Musa Sait Wakf (represented by its Muthavalli), were aggrieved by the order. The respondent in both petitions was Mr. M. Fuaad Musvee. The brief facts are that the Muthavalli of the Mohammed Musa Sait Wakf, a private trust created under Mohammedan law (Wakf-Ul-Aulad), had approached the Principal City Civil and Sessions Judge at Bangalore, invoking his power as a 'Kazi' (a religious judge under Shariat), which role has been conferred on civil courts by judicial precedent starting with Mohammed Ismail v. Ahmed Moolia, (1916) 43 I.A. 127. The Kazi passed an order removing the Muthavalli. The petitioners challenged this order on the ground that the civil court lacked jurisdiction to remove a Muthavalli. The High Court, after hearing the parties, held that the civil court acting as Kazi had the jurisdiction to remove a Muthavalli for breach of trust and mismanagement. The court further held that the impugned order did not suffer from any patent error of law or jurisdiction warranting interference under Articles 226 and 227. Consequently, both writ petitions were dismissed.
Headnote
A) Muslim Law - Wakf - Removal of Muthavalli - Jurisdiction of Civil Court as Kazi - The Principal City Civil and Sessions Judge, Bangalore, acting as Kazi, has the power to remove a Muthavalli of a private wakf (Wakf-Ul-Aulad) for breach of trust and mismanagement, as recognized by judicial precedent starting from Mohammed Ismail v. Ahmed Moolia, (1916) 43 I.A. 127. The court held that the Kazi's order removing the Muthavalli was within jurisdiction and not liable to be interfered with under writ jurisdiction. (Paras 2, 4-5)
B) Constitutional Law - Writ Jurisdiction - Scope of Interference under Articles 226 and 227 - The High Court, while exercising writ jurisdiction, does not act as an appellate court and can only interfere if there is a patent error of law or jurisdiction. The impugned order passed by the Principal District and Sessions Judge, Bangalore, in Misc.No.324/2008, was found to be within his competence as Kazi and did not suffer from any such error. (Paras 1, 4-5)
Issue of Consideration
Whether the Principal City Civil and Sessions Judge, Bangalore, acting as a Kazi, had the jurisdiction to remove the Muthavalli of a private wakf (Wakf-Ul-Aulad) and whether the impugned order suffered from any error of law or jurisdiction warranting interference under Articles 226 and 227 of the Constitution of India.
Final Decision
Both writ petitions are dismissed. The impugned order dated 23.4.2011 passed by the Principal District and Sessions Judge, Bangalore, in Misc.No.324/2008 is upheld.
Law Points
- Civil court acting as Kazi has jurisdiction to remove Muthavalli
- Removal of Muthavalli for breach of trust
- Wakf-Ul-Aulad
- Muslim personal law
- Articles 226 and 227 of Constitution of India
- Writ jurisdiction limited to jurisdictional errors
Case Details
2014 LawText (KAR) (08) 11
Writ Petition No. 18382 of 2011 (GM-CPC) and Writ Petition No. 18383 of 2011 (GM-CPC)
Shri D.L.N.Rao, Senior Advocate for Shri R.V.S.Naik for petitioner in W.P.No.18382/2011; Shri R. Sreedhar for petitioner in W.P.No.18383/2011; Shri M.G.Javeed Ahmed Khan for respondent No.1 in both petitions; Shri R. Sreedhar for respondent No.2 in W.P.No.18382/2011; Shri D.L.N.Rao, Senior Advocate for Shri R.V.S.Naik for respondent No.2 in W.P.No.18383/2011
Elixir Enterprises and Hotels Private Limited (in W.P.No.18382/2011) and Mohammed Musa Sait Wakf (in W.P.No.18383/2011)
Mr. M. Fuaad Musvee (in both petitions) and Mohammed Musa Saik Wakf (in W.P.No.18382/2011) and Elixir Enterprises and Hotels Private Limited (in W.P.No.18383/2011)
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Nature of Litigation
Writ petitions under Articles 226 and 227 of the Constitution of India challenging an order of the Principal District and Sessions Judge, Bangalore, acting as Kazi, removing the Muthavalli of a private wakf.
Remedy Sought
The petitioners sought to set aside the impugned order dated 23.4.2011 passed by the Principal District and Sessions Judge, Bangalore, in Misc.No.324/2008.
Filing Reason
The petitioners were aggrieved by the order of the Principal District and Sessions Judge, Bangalore, removing the Muthavalli of the Mohammed Musa Sait Wakf.
Previous Decisions
The Principal District and Sessions Judge, Bangalore, passed the impugned order dated 23.4.2011 in Misc.No.324/2008.
Issues
Whether the Principal City Civil and Sessions Judge, Bangalore, acting as Kazi, had jurisdiction to remove the Muthavalli of a private wakf (Wakf-Ul-Aulad).
Whether the impugned order suffered from any error of law or jurisdiction warranting interference under Articles 226 and 227 of the Constitution of India.
Submissions/Arguments
The petitioners argued that the civil court lacked jurisdiction to remove a Muthavalli.
The respondent supported the impugned order, contending that the civil court acting as Kazi had the power to remove a Muthavalli for breach of trust.
Ratio Decidendi
The civil court, when acting as a Kazi under Muslim personal law, has the jurisdiction to remove a Muthavalli of a private wakf (Wakf-Ul-Aulad) for breach of trust and mismanagement. The High Court, in exercise of its writ jurisdiction under Articles 226 and 227, will not interfere with such an order unless there is a patent error of law or jurisdiction.
Judgment Excerpts
The said Muthavalli had approached the Court of the Principal City Civil and Sessions Judge at Bangalore, invoking its power as the ‘Kazi’ (a ‘religious’ judge working under the guidance of the Shariat), which role has come to be conferred on the civil court, by judicial precedent commencing with the decision of the Judicial Committee of the Privy Council in Mohammed Ismail v. Ahmed Moolia, (1916) 43 I.A. 127.
Procedural History
The Muthavalli of Mohammed Musa Sait Wakf filed Misc.No.324/2008 before the Principal City Civil and Sessions Judge, Bangalore, seeking removal of the Muthavalli. The Judge, acting as Kazi, passed an order dated 23.4.2011 removing the Muthavalli. Aggrieved, Elixir Enterprises and Hotels Private Limited filed W.P.No.18382/2011 and Mohammed Musa Sait Wakf filed W.P.No.18383/2011 before the High Court of Karnataka. Both petitions were heard together and disposed of by this common order dated 12.8.2014.
Acts & Sections
- Constitution of India: Articles 226, 227
