JUDGMENT :

Mohan M. Shantanagoudar, J.

1. The instant appeal arises out of a decision of the High Court of Calcutta dated 01.10.2008 in the revisional application C.O. No. 936 of 2006, setting aside the order dated 28.02.2006 passed by the Presiding Officer, Wakf Tribunal, West Bengal in Appeal No. 6 of 2005.

2. The brief facts giving rise to this appeal are as follows:

One Syed Obaidullah Baghdadi Shah founded a khankhah, a Mohammedan institution for imparting religious doctrine and rules of life. He gradually became its first spiritual superior or sajjadanashin. One of his devotees, Abdur Rahim, created a wakf in respect of certain properties by a registered deed of wakf dated 07.02.1913 (hereinafter ‘the wakf deed’). Written in Bangla/Bengali language, this deed provided that Syed Obaidullah Baghdadi would be appointed as the sole mutawalli (hereinafter ‘original mutawalli’) of the wakf. It also provided that the office of the mutawalli would devolve to “putro poutradi krome” of the original mutawalli.

On the death of the original mutawalli, his disciple and son Syed Gyasuddin Ahmed Baghdadi (hereinafter ‘Gyasuddin Ahmed’) became the sajjadanashin and mutawalli of the wakf estate. In