1920 (6) TMI 1 - Other - Indian Laws

Privy Council affirms High Court, dismisses appeal with costs. Deputy Commissioner's injunction lacked jurisdiction.

Muhammad Rustam Ali Khan and Ors. Versus Mushtaq Husain and Ors.

The Privy Council upheld the High Court's judgment, dismissing the appeal with costs. The Court found in favor of the respondents, ruling that the Deputy ... - Issues:1. Validity of the Deputy Commissioner's injunction to prevent registration2. Disqualification of the Sub-Registrar due to his interest in the property3. Requirement of registration for the document appointing trusteesAnalysis:Issue 1:The judgment involves a dispute regarding the Deputy Commissioner of Karnal's authority to issue an injunction preventing the registration of a waqfnama. The Court found that the Deputy Commissioner's order lacked authority as both the Nawab and the property were outside his jurisdiction at the time. The Court held that the order was invalid due to this lack of jurisdiction, rendering it ineffective in preventing the registration.Issue 2:The case also addressed the alleged disqualification of the Sub-Registrar from registering the waqfnama due to his interest in the property as a trustee of Aligarh College. Despite the Sub-Registrar's good faith and honest actions, it was argued that Rule 174 under the Indian Registration Act deemed him incompetent to register the document. The Court acknowledged the Sub-Registrar's interest but emphasized that his registration was done in good faith pursuant to the Act, making it valid despite any potential defect in his appointment or procedure.Issue 3:Regarding the document appointing trustees, the Court analyzed whether it required registration under the Registration Act of 1877. The Court determined that the trustees appointed under the waqfnama did not hold absolute ownership of the property but acted as superintendents, akin to receivers and managers. As the deed did not transfer ownership to the trustees, registration was deemed unnecessary by the Court, as it fell outside the provisions of the Statute.In conclusion, the High Court's judgment was upheld by the Privy Council, dismissing the appeal with costs. The Court found in favor of the respondents on all points, emphasizing the lack of jurisdiction in the Deputy Commissioner's injunction, the validity of the Sub-Registrar's registration based on good faith, and the unnecessary registration of the trustees under the waqfnama due to their role as superintendents rather than absolute property owners.