Judgment

HIDAYATULLAH, J.: The appellant Bashiruddin Ashraf was Mutwalli of certain Waqf properties in Monghyr District, dedicated by one Sheikh Golam Yahya by a registered Waqfnama dated April 11, 1870. Under this deed Mutwallis were chosen from the descendants in the male line of the Waqif from generation to generation. The first Mutwalli was the Waqif. After his death, his wife held charge of the Toliat. After her death the appellant s father and from 1930 the appellant were Mutwallis. The Mutwalli in-charge was entitled to 9/48th share of the income as his remuneration. On April 1, 1948, the Bihar Waqfs Act, 1947 (Act 8 of 1948) came into force and this Waqf came under the purview of that Act and was registered as Waqf No. 67. Under the scheme of the Act the Bihar Subai Sunni Majlise-Awaqf (shortly Majlis) began supervising this Waqf. At all material times one Syed Bashiruddin was the Sadr (Chairman) of the Majlis and Syed Mehdi Hassan was the Nezir-e-Awaqf under S. 22.

2. On March 2, 1949 Syed Naziruddin Ashraf (step-brother of the appellant) and some others presented an application for removal of the appellant from Mutwalliship on numerous charges, including mismanagement, misa