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Issues: Whether the wakf character of the properties stood extinguished by a subsequent compromise decree, transfer in favour of the appellant, and alteration of revenue entries, so as to invalidate the notice issued by the Wakf authorities.
Analysis: The properties had been created as wakf long before the disputed transfer, were registered under the applicable Wakf legislation, and were notified in the Official Gazette. Once a wakf is validly created, the wakif is divested of title and the property vests in perpetuity in the Almighty. A mutwalli is only a manager of the wakf property and cannot treat it as personal property or effect a valid transfer. The compromise decree between the wakif and the mutwalli, made without impleading the Board, could not defeat the registered wakf or the statutory notifications. Alteration of revenue records also could not obliterate the wakf character of the property.
Conclusion: The notice and the orders below were upheld, and the appellant's challenge failed.
Ratio Decidendi: A duly created and registered wakf cannot be denuded of its character by a subsequent compromise decree, unauthorized transfer, or revenue mutation, because the wakf property vests in perpetuity and the wakif or mutwalli lacks power to divest it.