AIR 1983 PATNA 299 ::1983 BBCJ 433

Patna High Court

Hon'ble Judge(s): B. P. Sinha, B. P. Griyaghey , JJ

(A) Wakf Act (29 of 1954) , S.6— Disputes regarding wakfs - Execution proceedings of decree passed in suit for possession of wakf property after Wakf Act came into force in State of Bihar - Cannot be instituted by Mutawalli of Wakf property. Muslim Law - Wakf. The Wakf Act, 1954 came into force in the State of Bihar with effect from 12-4-1973. Prior to this the Bihar Wakf Act. 1947 was in operation which stood repealed when the Central Act came into force. A mutawalli is merely a manager of the wakf and is directly under the control and superintendence of the Board and may even be removed from his office in accordance with S.43. He has to carry out the directions of the Board and to perform other duties as specified in S.36. There is nothing in the Act which empowers a mutawalli to institute and defend suit and proceedings in a court of law relating to wakfs on his own. This power is vested in the Board which is a corporate body which must sue and be sued in its own name.(Para 6 8) Execution proceedings of a decree passed in a suit for possession of wakf property, after the Wakf Act came into force in the State of Bihar cannot be instituted by the Mutawalli of the wakf property. The execution case could have been filed only in the name of the Board and by the Board. It may be that the mutawal....