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1976 Supreme(All) 301

HARISWARUP, PREMPRAKASH
U. P. Sunni Central Board of Waqf – Appellant
Versus
Hasan Jehan Begum – Respondent


Advocates:
R.K. Garg, for Appellants; Z. Zalani, for Respondents.

Judgement

HARI SWARUP, J. :- This appeal has been filed by the U. P. Sunni Central Board of Waqfs (hereinafter referred as the Waqfs Board) against the judgment of the learned single Judge. The petitioner Smt. Hasan Jehan Begum had filed the writ petition challenging certain acts of the Waqfs Board. That petition was allowed by the learned single Judge partly.

2. The petitioner is the Mutawalli of the two Waqfs created in 1929 and 1930 and subsequently alleged to be consolidated by another deed in 1943. The waqif purported to create Waqf-Alal-Aulad and also to dedicate the property under the Muslim Law for purposes religious, pious and charitable. Under the Waqfs deed there is a specific amount allotted to those religious, pious and charitable purposes and the remainder has to go to the beneficiaries, that is to say, the descendants of the waqif. Ultimately the entire property has to go for the benefit of religious, pious and charitable purposes provided that no one survives in the line of the descendants of the waqif. The Waqfs are registered with the Waqfs Board under Section 29 of the U. P. Muslims Waqfs Act. 1960 (hereinafter referred as the Waqfs Act). The Mutawalliya sought pe
















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