Dipankar Datta, J.

This writ petition, presented before this Court on 24th November, 2015, is at the instance of a trust registered under the Bombay Public Trust Act, 1950, and one of its several managing trustees.

2. The case run by the petitioners in the writ petition is that by virtue of a registered deed of gift (hiba-bil-ewaz) dated May 3, 1927 executed by her husband Hajee Sidick Jamal (since deceased), Jainub Bai Hajee Joosub (since deceased), a member of Khoja Sunnat community, became absolutely seized and possessed of or otherwise well and sufficiently entitled to the land, hereditaments and premises ad-measuring 12 cottahs, 13 chittacks and 13 square feet situate at and being premises No. 4C, Auckland Square, Calcutta, now known as 'Benjamin Moloise Square' (hereafter the property), and constructed a two-storied brick built building and one storied out-office on a portion thereof. Jainab Bai Hajee Joosub (hereafter the waqif) had executed a waqf deed on 20th February, 1938, in terms whereof she would be the first mutawalli during her life time. After her demise, her husband and son (Mohammed Sidick Jamal, since deceased) shall become the next mutawalli in successi