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1957 Supreme(All) 94

MUKERJI, SRIVASTAVA
RASHIDUNNISSA – Appellant
Versus
ATA RASOOL – Respondent


Advocates Appeared:
M.H.BEG, SADIQ ALI

SRIVASTAVA, J.

( 1 ) THIS is a plaintiffs appeal that arises out of a suit for a declaration and accounts. Sheikh amanat Rasul created a waqf as permitted by the Muslim Waqf Validating Act (Act no. VI of 1913), on the 25th of February 1931. By the waqf deed of that date he dedicated the property in suit in perpetuity and the waqf was described by him as "waqf alal nafs khud wa alal ayal wa aulad Khud" (waqf for my own self, for my ayal and for my aulad ). He appointed himself as the first mutwalli but reserved to himself the right of spending the income of the dedicated property, after making certain payments to specified charities in any way, he liked for his own support and maintenance and that of his descendants. He provided that after him, his son Ata Rasul would become the mutwaili and then laid down a line of succession for subsequent mutwallis. He further reserved to himself the right to make additions and subtractions to the conditions of the waqf in his own life time, and provided that if the line of the persons who were to benefit from the waqf at any time becomes extinct the dedicated property would vest in the Government and its income would be spent for public good and















































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