2007 (2) TMI 721

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....e of the parties is that one Mirza Mohammed Haider created a wakf of his entire properties, including the property in question, in 1926 and appointed his son Piarey Mirza as the Mutwalli thereof. The said wakf was registered under Section 38 of the U.P. Muslim Wakfs Act, 1936, (for short 'the 1936 Act' ) which is pari materia with Section 29 of the U.P. Muslim Wakfs Act, l960 (for short 'the 1960 Act'). In view of Section 5(1) of the 1936 Act, a notification was issued in the Uttar Pradesh Gazette of 23rd January, 1954 as per the report of the Commissioner of Wakfs, U.P. The wakf and its properties are duly registered in the register maintained by the Board of Wakfs. 3. Subsequently, in 1958, the Wakif (creator of the wak....

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....is judgment dated 31st March, 1983 upon holding, inter alia, that the compromise decree effected between the Wakif and the Mutwalli was not binding on the Board as the Board had not been made a party to the suit and the suit had been decreed on compromise. The said decision of the Civil Judge, Lucknow, was questioned by the appellant herein by way of Writ Petition No. 4272/1983 before the High Court of Judicature at Allahabad (Lucknow Bench). The High Court by its judgment impugned herein considered the matter in great detail, both factually as well as from the legal stand point, and ultimately came to a finding that since the registration of the wakf in the Register of Wakfs maintained by the Board, its notification in the Official Gazette....

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....d any authority to transfer the said properties to the appellant as the Wakif as well as the Mutwalli ceased to have any right over the property. It was urged that the status of Mutwalli is like that of a manager appointed to look after the wakf properties but not to treat the same as his personal properties. The collusive decree between the Wakif and his son was patently a void transaction and could not be acted upon in law. 7. Having gone through and considered the judgment of the learned Single Judge of the Allahabad High Court, we see no reason to take a view different from those expressed therein. In our view, the law relating to the creation and continuation of wakfs has been correctly explained by the learned Judge in keeping with....