1923 (8) TMI 3

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....dannessa Bibi (1922) 38 C.L.J. 353. The petitioner now assails the order of the District Judge as made without jurisdiction, because he dealt with the matter on the basis of an application and not of a plaint. 2. It is well-settled that the District Judge has jurisdiction to authorise dealings with wakf property in the same way as a Qazi might have done tinder the Muhammadan Law; see the judgment of Ameer Ali and Pratt, JJ., in Syamacharan v. Abdul Kabir 3 C.W.N. 158. This was followed by Woodroffe J. in Re Woozatunnessa Bibi I.L.R. (1908) Calc. 21, where it was mentioned that a similar view had been taken by Stephen J. on the 2nd July, 1906, in an unreported case: In the matter of a Wakfnama Unreported. Two years later, however, Pugh J,....

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....t authority for the mutwalli for letting out the property. Reference was made to the view of Mr. Ameer Ali as set out in his work on Muhammadan Law, 4th Ed., Vol. I., p. 480: "The application for sanction should be made to the District Judge if the property is situated in the mufassal or to the Judge on the Original Side of the High Court, if it is within a Presidency Town. It is not necessary to bring a salt for obtaining such sanction; it will be granted upon a proper application being made by the mutwalli." This appears to be in agreement with the view adopted by West J. in Re Kahandas I.L.R. (1880) Bom. 154 though a doubt appears to have been suggested in Muhamad Hazi Zakaria v. Ahamad Bhai I.L.R. (1900) 25 Bom. 327. Consequently, the p....

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.... ward (except leases for periods shorter than live years) cannot be made without the previous permission of the Court. Under Section 90 of the Probate and Administration Act, 1891, an administrator may not effect a similar transfer of the estate under Ms charge without the previous permission of the Court. Under Section 75 of the Indian Lunacy Act, 1912, a manager of the estate of a lunatic outside a Presidency Town cannot effect a similar alienation of the estate without the permission of the Court. In these classes of cases, the practice is for the petitioner to obtain the requisite sanction upon an application to the Judge. Reference may also be made to Section 32 of the Land Acquisition Act, 1894, which deals with the question of invest....