JUDGMENT :

MOHAN M. SHANTANAGOUDAR, J.

1. This appeal arises out of judgment dated 28.01.2009 of the Shillong Bench of the Gauhati High Court. The High Court by the impugned judgment dismissed the appellant’s revision petition and confirmed the order of the Wakf Tribunal dated 19.3.2008 dismissing the appellant’s application seeking appointment as joint mutawalli, along with Respondent No.2, of his predecessor’s waqf property.

2. The facts giving rise to this appeal are as follows: One Haji Elahi Baksh (‘waqif’), who was resident of Shillong, executed a registered waqf deed dated 9.11.1936 dedicating properties belonging to himself, his son Md. Shafi and his soninlaw cum nephew Haji Kammu Mia to the waqf. The relevant clauses of the waqf deed are reproduced as follows:

“1. The settlor’s son Md Shafi and son in law Kammu Mia, son of late S.K. Gajnu, shall be joint Mutawallis during their lifetime.

2. On the death of either of the joint mutawallis, the survivor shall be the sole Mutawalli for the time being and shall have power to nominate his successor from the family line of the settlor.

3. Each successive Mutawallis thereafter shall have the right to nominate his successor from the same