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In Re: Woozatunnessa Bibee - Court Judgment

LegalCrystal Citation
SubjectTrusts and Societies
CourtKolkata
Decided On
Judge
Reported in(1909)ILR36Cal21,1Ind.Cas.512
AppellantIn Re: Woozatunnessa Bibee
Cases ReferredShama Churn Boy v. Abdul. Kabeer
Excerpt:
mahomedan law - wakf property--jurisdiction. - woodroffe j.1. i will make an order in terms of the prayer of the petition, not under the acts, which head the petition, but on the authority of shama churn boy v. abdul. kabeer (1898) 3 c.w.n. 158, which lays down that this court has jurisdiction under mahomedan law to authorise dealings with wakf property. a similar order was made by mr. justice stephen on the 2nd july 1906.2. the petition shows that the present rent is rs. 90-8, less taxes, and this has to be recovered from a number of small tenants. it is now proposed to let the property at a rental of rs. 130 to one tenant for 30 years. this appears to me to be beneficial. i make the order and give liberty to the applicant to carry out the arrangement.
Judgment:

Woodroffe J.

1. I will make an order in terms of the prayer of the petition, not under the Acts, which head the petition, but on the authority of Shama Churn Boy v. Abdul. Kabeer (1898) 3 C.W.N. 158, which lays down that this Court has jurisdiction under Mahomedan Law to authorise dealings with wakf property. A similar order was made by Mr. Justice Stephen on the 2nd July 1906.

2. The petition shows that the present rent is Rs. 90-8, less taxes, and this has to be recovered from a number of small tenants. It is now proposed to let the property at a rental of Rs. 130 to one tenant for 30 years. This appears to me to be beneficial. I make the order and give liberty to the applicant to carry out the arrangement.


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