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1974 Supreme(Cal) 135

HAZRA
COMMISSIONER OF WAKFS – Appellant
Versus
ASRAFUL ALAM SHAMI – Respondent


Advocates Appeared:
BHABESH CHANDRA GHOSE, Hiranmoy Dutt, N.ROY, S.PARMER

HAZRA, J.

( 1 ) IN or about 1824 one Serajuddin Ali Khan and his wife Musst. Karamunnessa Begum jointly created a Wakf comprising of properties situated at Entally in the suburbs of Calcutta. They appointed themselves as joint mutawallis in the first instance. After the death of Serajuddin. Musst. Karamunnessa Begum became the sole mutawalli. On the death of Karamunnessa, one Wilayat Hossain became the sole mutawalli. He appointed his wife as his co-mutawalli. Both Wilayat Hossain and his wife were removed by Court in or about 1854. Then Golam Ali and his brother Humayun became joint mutawallis. Thereafter Golam Ali died. Humayun became the sole mutawalli. After the death of Humayun, Hossain Ali became the sole mutawalli. In 1901, Hossain Ali died. His two sons Md. Hossain and Ahmed Hossain became joint mutawallis. In 1905, Md. Hossain died and Ahmed Hossain became the sole mutawalli. In 1908, Warris Ali became joint mutawalli with his brother Ahmed Hossain. In 1935, Ahmed Hossain died and Warris Ali became the sole mutawalli.

( 2 ) IN 1942, the Commissioner of Wakfs filed this suit for removal of Warris Ali as mutawalli and for framing of a scheme for proper administration of th




























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