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1965 Supreme(All) 170

GANGESHWAR PRASAD
Abdul Rauf – Appellant
Versus
Shamshulhaq – Respondent


Advocates:
S.J. Hyder, for Appellant.

JUDGMENT :- The main question involved in this appeal relates to the validity of a deed of wakf executed by one Sheikh Karamat on 8-2-1932. The material provisions of the deed are as follows. Sheikh Karamat himself would remain in possession of the wakf property in the capacity of a Mutwalli during his lifetime and utilize its income for his own needs ana for those of his wife and other relations. Thereafter, his wife Fahima Bibi would remain in possession of the property as a Mutwalli for her life and spend its income on herself and on the poor, without being accountable to anybody. Upon the death of Fahima Bibi the Mutwalliship would devolve upon Shamsul Haq, Abdul Rauf and Abdul Maruf, the respondents in this appeal, who would spend a sum of Rs. 4 per month out of the income of the wakf property over a Madarsa named in the deed and would appropriate the rest of the income to their own use. After the death of the respondents their descendants, generation after generation would be the Mutwallis of the wakf and managers of the wakf property subject to the terms of the wakf deed. On the extinction of the line of the respondents the entire income of the wakf property would be devoted























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