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R. C. MITTER, KHUNDKAR
Nawab Syed Mahammad Hashim Ali Khan – Appellant
Versus
Iffat Ara Hamidi Begum – Respondent
JUDGMENT
R.C. Mitter, J. - Prince Qamar Qadar Mirza Mohammad Abed Ali Bahadur, hereafter called the Prince, a muslim governed by the Shia law died on 3lst January 1919 leaving him surviving his wife Shah Banu Amir Begum, a son Mirza Mohammad Syed Ali and a daughter, Nawab Zinat Ara Zinab Begum alias Juhi Begum as his heirs. His widow, Amir Begum died in 1928 leaving her son Mirza Mohammad Syed Ali and her daughter Juhi Begum as her heirs. The Prince in his old age was infatuated with a mistress of his named Shaheba Khatoon in whose favour he executed a lease for a term of ten years on 12th July 1916.. That lease comprised twenty eight items of immovable property in the suburbs of Calcutta but mostly within the local limits of the Calcutta Municipal Corporation. By its terms Shaheba Khatoon undertook to pay the Prince a clear sum of Es. 500 as rent per month. This lease was in supersession of an earlier lease which the Prince had executed in her favour for the selfsame properties under which Rs. 1500 was payable as the net monthly rent. On 14th June 1917, the Prince executed a wakfnama (Ex. E-A 38) which covered those twenty-eight items of immovable property included in Shaheba Khato
The irreversibility of wakf property transactions based on the Wakf Act's provisions prohibits alienation, upholding the integrity of religious and charitable purposes over contested claims.
The court established that a Waqf must have a public or charitable dedication to be classified as composite; otherwise, it remains a private Waqf, confirming the hereditary nature of the Muthawalli o....
The property was determined to be Wakf, with sales executed without the Wakf Board's sanction declared void, affirming the Muthavalli's right to maintain the suit.
The Wakf Tribunal has exclusive jurisdiction to adjudicate disputes regarding wakf properties, and the High Court should not interfere in such matters.
The Waqf Board must adhere to the rules of succession as per the waqf deed, reinforcing the principle of governance according to established customs and the intent of the waqif.
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