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1987 Supreme(Ker) 35

MALIMATH, BHASKARAN NAMBIAR
Kerala Wakf Board – Appellant
Versus
Alam Aboobaker Sait – Respondent


Judgment :-

1. This appeal is against the judgment of the learned single judge in O. P. No. 4168 of 1979, by the Kerala Wakf Board. A wakf has been created under the Will dated 25-2-1099, Ext. P1, executed by Abdul Sathar Haji Moosa Sait. The stipulation regarding appointment of Mutawalli described as the managing trustee is that the grand-son of the testator Moosa shall be entitled to be the Mutawalli and after him, his male children and in the absence of such children of the testator's daughters and grand-daughters, being the sisters of the said Moosa, There is also a stipulation to the effect that the person to be appointed as Mutawalli should be a person of maturity and ability. Consequent upon the occurrence of the vacancy the petitioner in the original petition Adam Aboobacker Sait was appointed as the managing trustee at the meeting of the Board of Trustees held 11-2-1978. In pursuance of the said order be has been functioning as the managing trustee. When such was the position, it appears that an allegation was made to the Wakf Board by the respondents 2 to 4 in the original petition that the appointment made by the Board of Trustees is not proper and that it is the second







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