JUDGMENT

Markandey Katju, J. —

1. This appeal has been filed against the impugned judgment of the Division Bench of the Calcutta High Court dated 02.5.2003 in A.P.O.T. No. 775 of 2002.

2. Heard learned counsel for the parties and perused the record.

3. The facts of this case have been stated in the impugned judgment and hence we are not repeating the same here, except where necessary.

4. The dispute pertains to the Wakf estate of Shahzadi Begum which was created by a Registered Deed of Wakf dated 22.09.1936 by one late Shahzadi Begum. By the said Wakf Deed the Wakf was created with the object of dedicating the property being Premises No. 33, Shakespeare Sarani, (formerly Theatre Road), Calcutta-700 017, partly for the benefit of the Wakifa, her family and descendants and partly for pious and religious purposes. In order to give effect to the object of the Wakf, the property had been demarcated and/or divided into two portions having 75% share for Wakf-al-al-aulad and 25% share for pious and religious purposes. The Wakf had been enrolled under the appropriate laws then prevailing, and registered as a Wakf Estate. The aforesaid property has been partitioned by metes and bounds by kee