Maintainability of the petition for revocation of sanction.

Ismail, J. — One Halima Bai executed a deed of wakf-alal-aulad and the same was registered on 24th January, 1935. Under the document, several properties belonging to her were endowed as wakf-alal-aulad. Clause (12) of that deed expressly provides that after deducting the disbursements referred to in the earlier clauses from the income of the endowed properties, the surplus should be divided every month by the muthavalli for the time being among the members of her family from children born to her by Mohamad Musa Sait, her husband, including herself and her husband the said Moharned Musa Sait in the following manner, namely, two shares for a male and one share for a female for ever so long as there are any and until her property lasts, and should it become extinct, then the income shall be expended" for the benefit of the poor Mohammedans, preference being given to the bringing up and the maintenance of Muslim orphans and widows. Clause (14) provides that in the event of any of the endowed immovable property described in the schedule thereunder written being dilapidated and being found necessary by the muthavalli to dispose of such property, he shall upon the resolution in writing of the then existing members of family, dispose of the said property and purchase as soon as possible and without any delay another immovable property capable of yielding rent that was derived from the property disposed of when the same was in good and sound condition. Under Clause (16), the muthavalli shall not lease the said property or any portion thereof to any one for a longer period than three years nor shall the muthavalli receive as advance from any lessee more than three months’ rents of the property so leased. The provisions of the deed make it absolutely clear that the usufructs from the endowed properties should be utilised for the benefit of the person who created the wakf and the members of her family, and so long as any member of the family continues to survive, no part of the income should be spent for any other purpose, and it is only when the entire lineal descendants become extinct, there is provision for spending the money for the benefit of poor Muslims, preference being given for Muslim orphans and widows. In other words, the nature of the endowment in question was that which is generally under the Mahommedan Law known as wakf-alal-aulad or a private wakf. The wakf is alive.

2. The Wakf Act, 1954 (Central Act XXIX of 1954 hereinafter referred to as the Act) was enacted by the Parliament and under that enactment a survey of wakfs in each State was conducted and Wakf Boards in States were constituted. It is not in dispute that the properties belonging to the endowment in question were held as wakf properties, and the wakf itself was registered as a wakf with the State Wakf Board. Not only that, the first respondent herein namely, the muthavalli, applied to the Wakf Board to grant him permission to sell 17 l/2grounds of land belonging to the wakf situated in Naval Hospital Road, Periamet, Madras, for the purpose of construction of a building for the wakf at No.9, Greames Road, Madras-6, and accordingly such permission was granted by the Board for sale of the lands by a resolution dated 13th August, 1971 but the Board has not given permission toutilise the sale proceeds for the construction of the building as proposed by the muthavalli and the matter is said to be still pending.

3. The Wakf Board claimed contribution from several wakfs including the wakf in question. Venkatadri, J., after elaborately referring to the legal position in this behalf, in his Judgment in G.M.A. Bhaimia v. Madras Stale Wakf Board1, held that the Wakf Board will be entitled to claim contribution from a wakf-alal-aulad only to the extent to which the property has been dedicated for pious, religious and charitable purposes as recognised by Mahommedan Law. After this judgment, the muthavalli, the first repondent herein took out C.S. No. 175 of of 1973, namely, th

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