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1977 Supreme(Del) 35

AVADH BEHARI ROHATGI
RAMJAS FOUNDATION – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
K.S.BINDRA, MOHD.ANIS, R.M.LAL

( 51 ) I cannot read the term 'wakf property as embracing property impressed with the character of a charitable trust amongst the Hindus. A property burdened with the obligation of a charitable trust as under. stood in Hindu Law cannot be called a wakf property in a legal sense. In a non-legal popular sense it may be possible to use the expression wakf indiscriminately for and in relation to any property set apart for charity. But in legal technology the word 'wakf has a definite and accepted connotation. It is in, that sense that the word has to be understood. For the true interpretation of the word one must turn to Mohammadan Law and see what it means.

( 52 ) NOW the question is : Was Rai Kedar Nath making a wakf of his properties when in the meeting of 1916 he made a declaration in favour of charity ? The answer to this question is in a resounding negative. This is on the assumption that a Hindu can create a wakf though such cases are rare.

( 53 ) THE function held at that meeting shows that Rai Kedar Nath did two things. He renounced his interest in his private property. He dedicated everything to the institution he founded. These are known as Samarpan and Sankalp in Hindu Law.



















































































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