On appeal to the Divisional Bench, companysisting of Chakravarti, C. J. and Lahiri, J. as he then was , the order of Sinha, J. was reversed, and the petition was dismissed.
This appeal has been filed with special leave.
Appeal by special leave from the judgment and order dated December 13, 1954, of the Calcutta High Court in Appeal from Original Order No.
237 of 1956.
The appellant then moved a petition in the Calcutta High Court under Art.
BSen, P. K. Chatterjee and S. N. Mukherjee, for the appellant.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
117 of 1954.
February 6.
Mitter and D. Mukherjee, for respondent No.
While this companytroversy was afoot, the Commissioner, acting under s. 40 of the Bengal Wakf Act, appointed Syed Shah Rasheed Ali Al Quadari the third son of Hazrat Sahib as a temporary Mutawalli.
After the death of Hazrat Sahib, the appellant, claiming to succeed to his father as Sajjadanashin, being his eldest son, made an application To the Commissioner under the Bengal Wakf Act.
The Judgment of the Court was delivered by HIDAYATULLAH, J. This appeal is as much without substance, as it was unnecessary.
Hazrat Syed Mastershid Ali Al Quadari the appellant is the eldest son of one Hazrat Sahib Syed Shah Mastershid Ali Al Quadari shortly, Hazrat Sahib , the first Mutawalli of a wakf created on August 9, 1931, for the maintenance of the shrine of a Muslim Pir in the town of Midnapur.
226 of the Constitution against the appointment, which was allowed by Sinha, J. and the order of the Commissioner was set aside.
His younger brother, Syed Shah Rushaid Ali Al Quadari, opposed his claim, the ground being that he was numberinated as the succes sor by Hazrat Sahib.
