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M. N. SHUKLA
KM. Shahida Begum – Appellant
Versus
Delhi Iron and Steel Co. Ltd – Respondent
JUDGMENT
M.N. Shukla, J. - The question of Iaw which has been canvassed before me in this second appeal preferred by the plaintiffs is as to the effect of a lease of a part of the waqf property executed by the Mutwalli of the waqf for a period exceeding one year without obtaining the sanction of the court. The suit was filed by the plaintiffs claiming to be the beneficiaries under the waqf. The suit was dismissed by both courts below and hence the second appeal.
2. The brief facts of the case are that one Mohammad Ishaq Khan, defendant No. 2 as Mutwalli executed a lease dated 8-12-1947 in favour of the defendant No. I namely Delhi Iron and Steel Company Ltd., Ghaziabad, for a period of 50 years. The property in suit forming the subject matter of the lease was a part of the Waqf property. Kumari Shahida Begum, one of the plaintiffs claimed to be the grand-daughter of Mohammad Ismail Khan, the Waqf (being the daughter of Smt. Sultani Begum) while the other plaintiff-Kumari Shakila Begum was the daughter of Mohammad Ishaq Khan. They contended that under the deed of waqf property they were the beneficiaries and Mohammad Ishaq Khan defendant No. 2 as Mutwalli had executed a deed of lease
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