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2008 Supreme(All) 1084

JANARDAN SAHAI
SYED MOHAMMAD SAJJAD ALI KHAN – Appellant
Versus
ASSISTANT SURVEY COMMISSIONER, WAQF BOARD – Respondent


Advocates:
Counsel :
W.H. Khan, J.H. Khan and Bhupeshwar Dayal for the Appellant; M.A. Qadeer, Shashi Nandan, M.L. Srivastava, Nitin Gupta, S. Ahmad and Smt. Tulika Prakash for the Respondents.

JUDGMENT

Hon’ble Janardan Sahai, J.—Akbar Ali Khan created a waqf-alal-aulad in respect of certain properties by a deed dated 26.7.1934. By the said deed Akbar Ali Khan appointed himself as the first Mutawalli. He died on 16.12.1958 leaving behind three sons Qasim Ali Khan, Kazim Ali Khan and Raza Ali. On his death the names of these sons was mutated as their bhumidari. Qasim Ali Khan became the Mutawalli after death of Akbar Ali under the terms of the waqf deed. Kazim Ali Khan who was a beneficiary of the waqf executed a sale deed of his 1/3 share on 14.10.1960 in favour of Mohammad Ahmad Ali Khan one of the sons of Raza Ali. Ahmad Ali was also a beneficiary of the waqf. A subsequent sale deed dated 26.9.1974 was executed by the Mutawalli Qasim Ali Khan of his 1/3 share to Ahmad Ali Khan another son of Raza Ali. This sale deed was therefore executed by the Mutawalli in favour of a beneficiary. Qasim Ali Khan was replaced by his son Sujat Ali as a Mutawalli after he had resigned or was removed some time in 1988 or 1990, not very clear. Sajjad Ali the applicant in these revisions is the son of Qasim Ali Khan. On 20.9.1996 Sajjad Ali filed a complaint to the Waqf Board making allegati
























































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