AIR 1933 CALCUTTA 102

Calcutta High Court

Hon'ble Judge(s): Mukerji, Bartley , JJ

(A) Mahomedan Law - Wakf -Construction-Principle stated. The intentions of the settlor have to be gathered primarily from the terms of the deed, though attendant circumstances may be looked into if the intention is not apparent or clear from such terms, and subsequent circumstances also, but only if and so far as they throw any light on such intention: (B) Mahomedan Law - Wakf-Mere declaration of wakif extinguishes his rights in wakf property. According to Abu Yusuf whose tenets hold the field so far as Bengal is concerned the wakf becomes absolute and binding on the mere declaration of the wakif, and on such declaration being made, his rights in the properties which form the subject matter of the declaration become extinguished at once : (C) Mahomedan Law - Wakf - Validity established - Whether acted on or not is immaterial. Once it is found that a wakf is valid, it is wholly immaterial whether its provisions were carried out or not for that is a matter of breach of trust only. Once it is found that the wakf is valid and operative, even the wakif himself has no power to interfere with it. *(D) Mah....