Before Akram, C.J, and Amin Ahmed, J.
ABDUL SOBHAN BHUYA and another – Defendants Appellants
WASIN BHUYA and on his death some of his heirs and legal representatives ABDUL LATIF BHUYA and others – Respondents
Appeal from Appellate Decree No. 174 of 1943 decided on 9th November, 1949, against Decree of Additional District Judge of Zillah Dacca dated 23rd day of July 1942 in Title Appeal No. 97 of 1942 confirming decree of Subordinate Judge of the 2nd Court of Dacca dated 20th day of February, 1942.
(a) Muhammadan Law – Wakf –Whether wakif can alter arrangement as to appointment or removal of Mutwalli.
F, by two wakfnamas, made wakf of 2/3 of certain property owned by him. According to the two deeds F made himself Mutwali during his lifetime, and after his death, W, one of his sons, was to be the Mutwalli. The deeds also empowered W to nominate his successor and indicated the class of persons from whom W was to nominate his successor. After the death of F, W along with three others (sons and a grandson of F) executed a wakfnamas by means of which they disposed of the remaining 1/3 share of the properties of F left over after the earlier wakfs, and constituted themselves joint Mutwallis in respect of all the properties of F; if one of these joint Mutwallis died his survivors or survivor were to be the Mutwalli.
Held, that even a Wakif, after he has created a Wakf and made provision for the appointment of Mutwalli has no power to alter the arrangement and remove the Mutwalli appointed by him, unless he reserves such powers at the time he creates the Wakf. Much less can a successor of the Wakif do the same. [p. 13].
49 C W N 311 referred to.
(b) Muhammadan Law – Wakf –Whether a Mutwalli can transfer his office to another.
A Mutwalli has no power to transfer his office to another person, unless such power is expressly conferred upon by him by the Wakif but he may appoint a deputy to assist him in the management of the Wakf property. [p. 13].
37 Cal. 263 referred to.
Birendra Kumar De, for Hemendra Ch. Sen, for Appellants.
Jitendra Nath Guha for S. P. Ghosh, for Respondents.
Bhupendra Nath Roy Choudhury, Deputy Registrar.