226 of the companystitution.
the cases were however certified under art.
sinha and p.n.
the orders of the companylector and the companymissioner are dated february 24 1956 and january 18 1958 respectively.
24 per cent out of the net income of the wakf estates after payment of revenue cess etc.
they are my wife bibi jainulnessa wilt get as long as she is alive rs.
the appellants after serving numberices of demand for justice filed petitions in the high companyrt under art.
appeals by special leave from the judgment and order dated march 26 1962 of the calcutta high companyrt in civil revision number.
226 of the companystitution involving a common point of law discharged the rule issued eariier in them.
the mutawalli and the naib mutawalli in consultation with each other will render help as far as possible to the boy amongst them who will be meritorious and has zeal for education according to his standard of education.
133 1 a and c of the companystitution and these two appeals were filed.
the petitions came up for hearing before n sinha j. and were refered on his recommendation to a full bench companysisting of bachaat d.n.
1200 annually at the rate of rs.
mazumdar for the appellant in c.a.
mookerjee jj.
392 and 393 of 1954.
480 annually rupees four hundred eighty only at the rate of rs.
civil appellate jurisdiction civil appeals number.
numberices of this kind were issued to fazlul rabbi radhan mutawalli of abdul karim wakf estate who is appellant a civil appeal number 392 of 1964 and to kawsar alam mutawalli of penda mohammad wakf estate appellant in civil appeal number393 of 1964.
100 per month and bibi taherankhatun the widow of my eldest son will get as long as she is alive rs.
after their death their heirs will number get any portion of the aforesaid monthly allowances.
this claim was number accepted by the companylector estate acquisitions and appeals to the companymissioner also failed.
3176 of 1958.
each of my three sons shriman tojammal hossain prodhan shriman ahmad yasin prodhan and shriman azizul huq prodhan will get rs.
between the raiyat and the state and vested the estates and the rights of the intermediaries in the state free from all incumberances.
such monthly allowances will be stopped after their death.
number 393/64 .
40 per month.
bose for the respondent in a. number 393/64 .
bose and p.k.
hat act in companymon with similar acts of other states in india abolished from a date numberified by the state government all intermediaries such as proprietors tenure holders etc.
mazumdar for the appellant in c.a.
3 rupees three only per cent out of the annual net income for the purpose of education of the sons of my sons sons of my daughters sons of the daughters of my sons and my great grandsons in the male line .
the judgment of the companyrt was delivered by hidaytullah j. these two appeals the appellants seek to displace a companymon judgment and order of the high companyrt of calcutta dated march 26 1962 by which a full bench of the court specially companystituted to hear and determine certain petitions under art.
similar numberices were issued to other mutawallis in respect of other wakfs.
k. daphtary attorney general b. sen s.c.
number 392/64 .
bose and k. bose for the respondents in c.a 392/64 .
they claimed that they were protected by s. 6 1 i of the act to which detailed reference will be made resently as they were holding the properties exclusively for purposes which were charitable or religious or both.
c. chatterjee and s. 7.
sen s.c.
these learned judges by separate but concurring judgments held that the wakfs in question were number protected by s. 6 1 i as they were number exclusively for purposes which were charitable or religious or both and discharged the rule.
s. chatterjee and s.c.
