JUDGMENT :- This proceeding relates to a very old wakf. It was created by one Md. Mukim Sarkar by three wakf deeds, the first is of 1843, the second of 1844 and the third of 1846. By these deeds several Calcutta properties and others were made wakf. It is not necessary to give in detail the contents of these wakf deeds. Suffice it to note that it is a public wakf for the benefit of a mosque erected by the wakif and for various objects recognised as religions and charitable by the Mahomedan Law. There has been litigations in the past relating to the wakf estate. One such litigation was started in 1929 being Suit No. 92 of 1929 to set aside a lease granted by the then Mutwalli which was ultimately decreed in 1940 whereby the lease was cancelled. Subsequently two other suits were instituted being Suit No. 1444 of 1942 and Suit No. 1448 of 1944 which were subsequently consolidated and a decree was passed on 31-8-1944, whereby this Court framed a scheme for the management of the wakf properties and generally to carry out the purpose of the wakfs. The scheme provided for the appointment of one S. Kadem Hossain as Mutwalli, the acting Mutwalli Nazir Hossain having retired. The Mutwalli wa

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