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1981 Supreme(Mad) 458

VENUGOPAL
T. S. Yusuf – Appellant
Versus
Tamil Nadu Wakf Board – Respondent


Advocates:
T. R. Rajagopalan, for Petitioners, F. A. Rasheed, for Respondent.

Judgement

ORDER :- The civil revision petitioners are the trustees appointed by the Court for the administration of the suit wakf in pursuance of a Scheme framed by the Court. The respondent in the civil revision petition is the Tamil Nadu Wakf Board, represented by its secretary. The respondent filed an application before the trial Court for transfer of the absolute control of the wakf and its property for the day to day management, including the power to appoint muthavallis, on the ground that after the passing of the Wakf Act 1954 the general superintendence of all wakfs vest in the Wakf Board under S.15(1) of the Act. The application was resisted on the ground that the wakf is not a wakf as defined under the Wakf Act, 1954 and the Wakf Board cannot administer such a wakf and the administration of wakf by the trustees appointed by the court has been above reproach and as such there is no necessity for interfering with the provisions of the Scheme framed by the Court. The trial Court held that-

(1) the suit wakf is a public wakf and it must be treated as a wakf by user coming within the purview of the Wakf Act, 1954.

(2) The suit wakf is a composite wakf in which the pangalis of the










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