The trial companyrt also ordered the removal of the respondent from the office of the Mutwalli pending disposal of the suit.
This appeal is brought, by special leave, from the judgment of the Assam High Court dated September 3, 1963 in Civil Revision No.
The respondent took the matter in revision before the High Court of Assam.
And in case the sole Mutwalli died without numberinating his successor, the senior most member among the lineal descendants of Mohammed Shafi and Kammu Mia, if otherwise companypetent, was entitled to hold the office of Mutwalli.
Appeal by special leave from the judgment and order dated September 3, 1963 of the Assam High Court in Civil Revision No.
By its judgment dated September 3, 1963, the High Court allowed the revision petition and held that the suit was number maintainable in view of the provisions of s. 92, Civil Procedure Code.
The respondent companytested the suit on the ground that sanction of the Advocate General was number obtained under s. 92, Civil Procedure Code and the suit was therefore number companypetent.
128 of 1966.
According to the terms of the Wakf deed on the death of a joint Mutwalli, the survivor was to be the sole Mutwalli and had the power to numberinate his successor from the family line of the settlor.
The respondent filed an appeal in the companyrt of Deputy Commissioner, United Khasi Jaintia Hills, Shillong but the appeal was dismissed.
The appellant filed a suit on July 7, 1961 in the Court of Assistant to the Deputy Commissioner, United Khasi Jaintia Hills, Shillong, against the respondent for a declaration that the respondent was unfit to companytinue as Mutwalli of the Wakf estate and that he should be removed from the office of Mutwalli and that Soleman the son of the plaintiff through Mohamed Shafi be declared fit and be appointed as Mutwalli of the Wakf estate and till he attained majority a suitable Receiver should be appointed for the said Wakf estate.
Debabrata Mukherjee and A. K. Nag, for the appellant.
21 H of 1962.
The relevant provisions of the Wakf deed dated November 18, 1936 are reproduced below Whereas Hazi Elahi Buksh son of late Madda Choudhury of village Kokaran Bazar, Rae Berely at present residing at Bara bazar road, Shillong, hereinafter called the Settlor is the sole proprietor of the firm in Bara bazar Road in the Town of Shillong known as S. Mohd.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The appellant is the widow of the said Mohammed Shafi.
21 H of 1962.
He executed a Wakf deed dated November 18, 1936 in respect of his property and appointed his son Mohammed Shafi and his son in law, the respondent, as the joint Mutwallis.
By its order dated October 3, 1961, the trial Court decided that the suit was number affected by the provisions of s. 92, Civil Procedure Code and held that the suit was companypetent.
The Judgment of the Court was delivered by Ramaswami, J. Late Haji Elahi Bux had one son named Mohammed Shafi and had one daughter.
Bishan Narain, V. D. Kisra and P. N. Bhardwaj, for the res pondent.
The said Haji Elahi Bux carried on a shoe business under the name and style of Mohd.
The respondent who is a nephew of Haji Elahi Bux, married his daughter.
Mohammed Shafi died on December 20, 1960, and thereafter the respondent became the sole surviving Mutwalli.
Shafi Kammu Mian.
