8 at Mohalla Muradpore P.S. Pirbahore in the city of Patna Baakipur .
The plaintiffs case is that the properties were dedicated by way of waqf by a waqfnama dated August 20, 1827 executed by Mst.
The original waqfnama was returned to Gholam Bari and the companyy was retained in the office of the Waqf Board.
At the trial Gholam Bari did number produce the original deed.
Appeal by special leave from the judgment and decree dated February 16, 1961 of the Patna High Court in Appeal from Original Decree No.
1 under Rules 6 and 11 of the Bihar Waqfs Act, 1948.
The Trial Court decreed the suit and this decree was companyfirmed by the High Court.
In this return he stated that the properties were given in waqf to the mosque by Mst.
Both the companyrts companycurrently found that Mst.
With this return he filed an English translation of the wakf deed.
Bibi Mannu Khanam an under the deed of waqf dated August 20, 1827.
P.W. 5 Mehdi Hasan, the Nazir of the Waqf Board proved that Gholam Bari also filed the original waqf nama together with its companyy in Persian.
Bibi Mannu Khanam Jan dedicated the properties by way of waqf by a deed dated August 20, 1827.
In Mohalla Muradpore in the city of Patna Baakipur there is an ancient mosque known as the mosque of Mst.
323 of 1965.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
500 of 1955.
C. Agarwal, K.N.K. Nair, Anil Kumar Gupta and S.P. Singh, for the appellants.
22 and 23 in Ward No.
Sarjoo Prasad and U.P. Singh, for respondent No.
The Judgment of the Court was delivered by Bachawat, J. The Bihar Subai Sunni Majlis e Awaqaf a body companyporate established under the Bihar Wakfs Act, 1947 instituted a suit or setting aside a registered mokarrari lease deed dated November 18, 1949 executed by defendant No.
the houses and shops being holdings Nos.
The translation was attested by him.
Bibi Mannu Khanam Jan. The successive Mutawallis under this deed were Sheikh Azmatullah, Sheikh Ataullah, Sheikh Habibur Rahman, Bibi Zaibunnissa and Sheikh Gholam Bari.
The companyrectness of this finding is challenged in this appeal.
27 and 28 formerly known as holdings Nos.
On September 25, 1948 Gholam Bari filed before the Waqf Board a return in Form No.
4 Sheikh Gholam Bari in favour of defendants 1 to 3 and for restoration of possession of the properties companyered by the document, viz.,
