JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. Present application under Article 227 of the constitution of India has been assailed against the judgment and order dated 17.09.2019 passed by learned Waqf Tribunal, West Bengal, Kolkata in O.A. No. 10 of 2014. Background of the case, in a nutshell, is that one Sabujan Bibi created the Waqf Estate in respect of her property. Waqifa Sabujan Bibi also made rule of succession regarding appointment of Mutwaliship in the deed of waqf stating that she will remain mutwali during her life time and after her death Md. Ali Hossain, who is her brother and in the absence of Ali Hossain his other brothers, one after another, as per the seniority, would be the Mutwali. Accordingly Md. Ali Hossain and thereafter imam Hossain was appointed as Mutwali and after his death, his brother Nader Ali was appointed as Mutwali. It is alleged that during the tenure of Nader Ali he filed an application before the Board of Waqf on 18.12.1989 for appointment of Nayeb Matwali as he was suffering from various health hazards. Subsequently said Nader Ali on 29.05.1991 made another application before the Board of Waqf with a prayer to appoint his wife Ahmdi Bibi as Mutwali and su