The provisions of the Wakf Act, 1954 are applicable to wakf-alal-aulad to the extent to which the property is dedicated for any purpose recognized by Muslim law as pious, religious or charitable.

NAGENDRA PRASAD SINGH, J.

1. The petitioners in these two writ applications challenge the authority of the Bihar State Shia Wakf Board, established under Section 9 of the Wakf Act, 1954 (Act No. 29 of 1954) - hereinafter referred to as the "1954 Act" - to interfere with the administration, management and affairs of Hasan Imam Wakf Estate, on the ground, inter alia, that the provisions of the 1954 Act are not applicable to the said estate. The petitioner in C. W. J. C. No. 258 is the daughter and the petitioner in C. W. J. C. No. 289 is the son of the said Mr. Hasan Imam. These two writ applications have therefore, been heard together, with the consent of the parties, as common questions of law and fact are involved in them and this judgment will govern them both.

2. On the 28th April, 1931, the said Mr. Hasan Imam executed a deed of Wakf-alal-aulad in respect of his properties, and Mrs. Nattie Imam was the sole Mutawalli of the 16 annas estate. In the different clauses of the said deed it has been indicated as to how one after the other the different family members of Mr. Hasan Imam were to be the Mutawallis. In the event of his line becoming extinct, the ultimate benefit was to go to the poor Muslims residing at Neora for their education and for maintenance of a mosque. A copy of the said deed is Annexure "1" to the writ application in C. W. J. C. No. 258 of 1974.C. W. J. C. No 258 of 1974.

3. According to the case of the petitioner in C. W. J. C. No. 258 of 1974 (hereinafter referred to as the "petitioner") after the death of Mr. Hasan Imam in April. 1933, a dispute arose in respect of the Imam Wakf Estate between Mrs. Nattie Imam, on the one hand, and the other heirs of Mr. Hasan Imam, on the other. The matter was referred to the arbitration of Mr. Justice Macpherson and Mr. Justice. Khwaja Mohammad Noor. Under their awards, dated the 2nd May, 1934, the 16th January, 1936 and the 6th May, 1936, 6 annas of the estate was made over to Mrs. Nattie Imam as the sole Mutawalli and in respect of the remaining 10 annas of the estate Mr. Mehdi Imam, the petitioner in C. W. J. C. No. 289 of 1974, became the sole Mutawalli. In respect of this 10 annas block the beneficiaries were Mr. Mehdi Imam and his two sisters, namely, the petitioner and Mrs. Sami, and their heirs.

4. In 1948, the Bihar Subai Shia Majlis-e-Awqaf was founded under Sec. 5 of the Bihar Wakfs Act, 1947 (Bihar Act VIII of 1948) - hereinafter referred to as the "1947 Bihar Act". In the 1947 Bihar Act, Wakf had been defined as follows :

"(m) Wakf means the permanent dedication of any property, movable or immovable, for any purpose recognised by Muslim law as religious, pious or charitable, and includes a wakf-alal-aulad and a wakf by user such as masjid, idgah, imambarah, dargah, khankah, maqbara, graveyard, grave, takia, rouza, yatimakhana, madrassa, robat, sarai, shafakhana, and mausoleum;"

As within the definition of wakf, Wakf-alal-aulad was also included, the aforesaid wakf of Mr. Hasan Imam was regis tered as a wakf-alal-aulad in the registers of the Majlis.

5 In the year 1965, petitioner Asma Jafar Imam filed two applications under Sections 31 and 46 of the 1947 Bihar Act for setting aside the scheme framed by the Majlis on the 5th July, 1964, and for certain other reliefs, including rendition of account, in the Court of the District Judge, Patna, giving rise to Title Suit Nos. 80 and 93 of 1965. In Title Suit No. 80 of 1965, the petitioner Asma Jafar Imam made a prayer for a direction on Mr. Mehdi Imam to pay her Rs. l,000.00 per month as allowance, and by an order, dated the 26th August, 1966, the District Judge appointed a re ceiver and directed him to make payment of Rs. 500.00 per month to Asma Jafar Imam. Against the said order, Mr. Mehdi Imam filed an appeal before this Court, giving rise to Miscellaneous Appeal No. 260 of 1966, which was disposed on the 23rd February, 1967, on the basis of a compromise petition filed by and between Mrs. Asma Jafar