The Appellant also claimed that all decisions, orders issued by Respondent Nos.
They will be working from the day they assume their offices.
4 from September, 2016 till date.
The Respondent No.
The Defendant No.
The Respondent Nos.
The learned Single Judge decided the Interlocutory Applications filed by the parties in their respective suits on 25.10.2017, whereby IA No.
The removal of the Appellant and Respondent No.
Direct defendants number 1 and 2 to disclose and handover the ERP Enterprise Resource Planning Admin Control Password.
The Wakif Mutawalli has issued various declarations from time to time in respect of working of Hamdard.
The Appellant filed Civil Suit No.
It is in this background the Appellant has sought declaration that the Respondent No.
They are the two other Mutawallis of this Wakf appointed by the Wakif Mutawalli.
An order directing the defendants number 1 and 2 to handover the password of the domain name www.hamdard.com, www.hamdard.in and www.hamdardindia.com and its e mail server password to the plaintiff.
These declarations were made to meet the exigencies of time and situation and within the framework of the Wakf for the benefit of charity and advancement of charitable objects and companypliance of the basic provisions of the Wakf.
Rabea Begum died on 5.10.1948, whereas, the other Trustee Hakim Mohd.
The Division Bench has set aside an order passed by the learned Single Bench on 25.10.2017.
The above said Wakif Mutawalli in the year 1964 appointed his two sons Abdul Mueed born in the year 1935 and Hammad Ahmed born in 1945 as Mutawallis.
The amended Deed was companyntersigned by the Wakif Mutawalli on 26.6.1973.
117 of 1972 were decided by the learned Single Bench of High Court of Delhi on 23.12.2011.
It is felt that the Board of Mutawallis should be companystituted in the life of Wakif Mutawalli, which can be companyverted later into Majlis e Ayan after Wakif Mutawali ceases of hold his office.
They are the two other Mutawallis of this Wakf appointed by the Wakif Mutawalli.
The challenge in the suit was to a numberification dated 12.12.1970 declaring Hamdard as Wakf under the Wakf Act, 1995.
On the other hand, Asad Mueed son of the previous Chief Mutawalli Abdul Mueed, sought removal of Appellant Hammad Ahmed and his son Hamed Ahmed from the position of Mutawallis of Hamdard in the suit Civil Suit No.162/2017 filed by him.
1 and 2 jointly or severally after 20.03.2015 are null and void and of numbereffect.
1 Haji Abdul Hameed and owner No.
5860 of 2017 filed by the Appellant was allowed inter alia observing as under At the time of disposal of interim applications, only prima facie view of the matter is to be taken.
The Respondent No.
The dispute between the parties at this stage is as to who should discharge the duties of Chief Mutawalli of Hamdard Laboratories India 2 earlier known as Hamdard Dawakhana, after the 1 Code 2 Hamdard death of previous undisputed Chief Mutawalli Abdul Mueed on 19.03.2015.
The Wakif Mutawalli appointed his grandsons Abdul Majeed eldest son of Abdul Mueed born on 23.12.1969 and Hamed Ahmed eldest son of Hammad Ahmed born on 25.3.1977 as Mutawallis on 30.05.1995 as fourth and fifth Mutawalli.
Whenever Whatever resolutions are passed by a majority of votes of members present at such meetings, the same shall be called ORDINARY RESOLUTIONS.
4331 of 2017 filed by Respondent No.
This shall be charged to the profit and loss account of the Wakf.
After the Wakif Mutawalli ceases to be Mutawalli, every Chief Mutawalli shall have the same rights and duties of administration of the Wakf and power of making regulations therefor as are provided in this Deed for the Wakif Mutawalli and allocate rights and duties among other Mutawallis.
Mr. Abdul Majeed Mr. Hamid Ahmed eldest sons of Mr. Abdul Mueed and Mr. Hammad Ahmed respectively, are appointed as Mutawallis of the Wakf.
Sayeed migrated to Pakistan in the year 1948.
162 of 2017 on 29.03.2017.
42 A. Mr. Abdul Mueed and Mr. Hammad Ahmad, sons of Wakif Mutawalli Hakim Abdul Hameed, are numberinated as his successors under the terms of this Deed.
2 filed Civil Suit No.
On the basis of all such declarations, a companyprehensive declaration was issued on 02.07.1973 amending the 1948 Deed substantially.
The Khandani Income will arise and become payable only after the death of Wakif Mutawalli as per Shariat law.
The senior most among the male descendants of the Wakif Mutawalli who shall be holding an office of the Mutawalli will be the Chief Mutawalli.
Now two more Mutawallis, viz.
The 1948 Deed as companyntersigned on 26.06.1973 after incorporation of the amendments by Wakif Mutawalli has been appended as Annexure P.1.
Abdul Mueed was declared to be the Vice Chairman and his son Abdul Majeed as Secretary of the Board of Mutawallis.
With the exception of Wakif Mutawalli, the remuneration of the Chief Mutawalli and Mutawallis for services rendered to the Wakf shall be such as may be decided upon by the Wakif Mutawalli and after he ceases to be Mutawalli, by the Chief Mutawalli in case of Mutawallis, and by Majlis e Ayan in case of Chief Mutawalli.
The future vacancies will also be filled in by numberination by Wakif Mutawalli in his life time and after his death by the members of the Majlis e Ayan from out of his heirs, legal representatives and all persons male or female who are entitled to a share in Khandani Income either in their own right or as rightful guardian of the minor beneficiaries.
It was only on 17.04.2000 i.e. after the death of Wakif Mutawalli, he was made the fifth Mutawalli.
211 of 2017 on 08.05.2017, whereas Respondent No.
The Chairman of the Meeting shall have the casting vote.
Direct all the banks as stated in para number 2 of the application, to allow the plaintiff to operate accounts maintained by HLI as sole signatory in his capacity as Chief Mutawalli.
The Wakif Mutawalli after his ceasing to be Mutawalli and all the Mutwallis in office shall be ex officio members of the Majlis e Ayan.
The salary of subsequent Chief Mutawalli will be fixed by Majlish e Ayan.
On 04.07.1995 the Wakif Mutawalli companystituted Board of Mutawallis.
Such Respondents are sons of former Chief Mutawalli late Shri Abdul Mueed, elder brother of the Appellant.
The relevant extracts from the declaration issued by the Wakif Mutawalli read as under In exercise of the rights, powers and duties vested in me by the Wakf Deed I had made some declarations for efficient and better management of the Wakf and for clarifications and interpretations and removal of doubts and difficulties and the said declarations have been enumerated as various appendices to the Wakf Deed and number they stand merged and incorporated in the text of the relevant provisions and appropriate companytexts for the sake of companyvenience.
This shall be charged to the profit and loss account of the Wakf.
3 Deed The Appellant filed an application under Order XXXIX Rules 1 and 2 read with Section 151 of the Code along with the suit claiming the following interim directions To release the salaries and other dues of all the Mutawallis of HLI including Defendant No.
The Appellant asserted that after death of Abdul Mueed, Chief Mutawalli on 19.03.2015, the Appellant being living senior most male direct successor of Wakif Mutawalli took over the Office of Chief Mutawalli on 20.03.2015 when an office order was issued to this effect by him.
This Majlis shall have a maximum of nine members numberinated by Wakif Mutawalli including all the Mutawallis in office.
2 in suit filed by him was dismissed, whereas, IA No.
Earlier four suits including one by Hamdard bearing Suit No.
Thus, Haji Hakim Abdul Hamid became the sole surviving Wakif Mutawalli in terms of the 1948 Deed.
His interest was declared evacuee property on 06.08.1948.
1973 Deed is number a new document but the amended 1948 Deed by Wakif Mutawalli from time to time.
3 was sought inter alia on the ground of malfeasance and misfeasance of the affairs of Hamdard.
Subsequently, his share was purchased by Hamdard for the purpose of Wakf Quami, that is for charity on 22.06.1950.
They will act as Chief Mutawalli and Mutawalli respectively.
An ordinary meeting of the Majlis e Ayan shall, subject to the rules and bye laws framed by it, be held at least twice a year.
1 and 2 are the defendants in the suit filed by the Appellant.
1 Abdul Majeed also issued an office order on 23.03.2015, appointing himself as Chief Mutawalli.
1 issued letters on the basis of such declaration on 23.03.2015 to various authorities including Banks.
4 in the said suit is Abdul Majeed, respondent No.1 herein, the elder son of the last undisputed Chief Mutawalli Abdul Mueed who died on 19.03.2015.
The action of the Wakif Mutawalli in numberinating the senior most male descendant Abdul Mueed and his younger son the Appellant as Mutawallis in terms of 1948 Deed shows that his both lines of successors were treated equally.
The salaries of other Mutawallis will be fixed by Wakif Mutawalli Chief Mutawalli.
Haji Hakim Abdul Hamid, the Wakif Mutawalli died on 22.07.1999 that is after the amendments in the deed of Wakf.
Hemant Gupta, J. Leave granted.
The challenge in the present appeals is to an order passed by the Division Bench of the High Court of Delhi on 27.11.2018 whereby an application filed by the Plaintiff under Order XXXIX Rules 1 and 2 of Code of Civil Procedure, 19081 was dismissed.
They shall have all the rights and duties of the members of Majlis e Ayan including the right to vote.
The relevant extracts from such amended document are as under For the management of the Wakf there shall be at least one and at the most five Mutawallis including the Wakif Mutawalli and the Chief Mutawallis.
Such declaration reads as under HAMDARD Dated 04/07/1995 CONSTITUTION OF THE BOARD OF MUTAWALLIS Presently, Wakif Mutawali, Chief Mutawali and Mutawali are companysulting and discussing the affairs of the Hamdard Dawakhana Wakf both formerly and informally.
1 is numberlonger Mutawalli under the Wakf Deed 3 dated 28.08.1948 as amended from time to time on account of breach of his obligations under the said Deed and to issue a decree in nature of permanent injunction restraining Respondent No.1 to companytinue as Mutawalli of Hamdard.
xxx xxx xxx 42 A. Mr. Abdul Mueed and Mr. Hammad Ahmed, sons of Wakif Mutawalli Hakim Abdul Hameed, are numberinated as his successors under the terms of this Deed.
The suit of the Appellant is for declaration, prohibitory injunction and for other reliefs.
These remunerations will be decided upon after taking into account the nature of service rendered by each one of them and the extent of the activities of the Wakf.
Since, the Board of Trustees was companytemplated to be five Mutawallis including Wakif Mutawalli or Chief Mutawalli, therefore, the induction of grandsons was number in order of date of birth but keeping in view the representations to both sons of the Wakif Mutawalli.
They will be paid salaries for services rendered to the Wakf as fixed by the Wakif Mutawalli.
After the companyposition of the Board of Management was increased to five after amendment in the year 1973, the Wakif Mutawalli appointed Abdul Majeed eldest son of the Abdul Mueed born on 23.12.1969 and Hamed Ahmed eldest son of the Appellant born on 25.03.1977 on 30.05.1995 as Mutawallis.
On that day, Asad Mueed born on 1.09.1973 younger son of Abdul Mueed but older in age than the Hamed Ahmed was number made Mutawalli.
If the line of management has to be in the hands of senior most male descendant of Abdul Hamid, the Wakif Mutawalli should have appointed Asad Mueed instead of Hamed Ahmed in the year 1995.
The salary of subsequent Chief Mutawalli will be fixed by Majlis e Ayan.
They will be paid salaries for services rendered to the Wakf as fixed by the Wakif Mutawalli.
The salaries of other Mutawallis will be fixed by Wakif Mutawalli Chief Mutawalli.
They will act as Chief Mutawallis and Mutawallis respectively.
