Wakf may be created by Muslim generally falls into two
categories. One is public Wakf in the sense that the beneficiaries
are members of the public and the other is private Wakf in the
sense that public as such are not the beneficiaries and certain
specified individual happens to be the beneficiaries. Even with
regard to a private Wakf there may be two kinds. One is a Wakf-alal-aulad
simpliciter and the other is Wakf in which there is a
dedication or gift in praesenti in the sense that a portion of the
income from the Wakf property is preserved for being spent for
strangers and other objects of piety or charity and the other portion
being spent for the benefit for the Wakif’s relations and members of
the family.
In the given facts of this case the Wakf was created for
performing specific religious and charitable purpose as well as for
maintenance of the legal heirs/descendents of the testator and the
testator has specified that in the event the legal heirs/descendents
failed to maintain the Mosque and light candles in the Mosque, they
will be deprived of enjoying the usufruct of the Wakf property.
Therefore, in my considered opinion it was a private Wakf created
for some religious purpose as well as for the interest of the family
members of the Wakif.
19. Learned senior counsel, Mr. Bhowmik has referred the
case of Tamil Nadu Wakf Board v. Larabsha Darga Panruti
reported in (2007) 13 SCC 416 and submitted that the apex Court
clearly held in the judgment that the suit property was belonged to
a private Wakf and Wakf-alal-aulad. Though the fact of that case
and the fact of the present case are not exactly similar but the
principles enunciated in that judgment may fairly be applied in the
facts of this case and I am of the considered opinion that the Wakf
created by Nachir Mohammed in the facts of the present case is a
categories. One is public Wakf in the sense that the beneficiaries
are members of the public and the other is private Wakf in the
sense that public as such are not the beneficiaries and certain
specified individual happens to be the beneficiaries. Even with
regard to a private Wakf there may be two kinds. One is a Wakf-alal-aulad
simpliciter and the other is Wakf in which there is a
dedication or gift in praesenti in the sense that a portion of the
income from the Wakf property is preserved for being spent for
strangers and other objects of piety or charity and the other portion
being spent for the benefit for the Wakif’s relations and members of
the family.
In the given facts of this case the Wakf was created for
performing specific religious and charitable purpose as well as for
maintenance of the legal heirs/descendents of the testator and the
testator has specified that in the event the legal heirs/descendents
failed to maintain the Mosque and light candles in the Mosque, they
will be deprived of enjoying the usufruct of the Wakf property.
Therefore, in my considered opinion it was a private Wakf created
for some religious purpose as well as for the interest of the family
members of the Wakif.
19. Learned senior counsel, Mr. Bhowmik has referred the
case of Tamil Nadu Wakf Board v. Larabsha Darga Panruti
reported in (2007) 13 SCC 416 and submitted that the apex Court
clearly held in the judgment that the suit property was belonged to
a private Wakf and Wakf-alal-aulad. Though the fact of that case
and the fact of the present case are not exactly similar but the
principles enunciated in that judgment may fairly be applied in the
facts of this case and I am of the considered opinion that the Wakf
created by Nachir Mohammed in the facts of the present case is a
private Wakf, Wakf-alal-aulad and it is not a public Wakf.
THE HIGH COURT OF TRIPURA
AGARTALA
RSA NO.67 OF 2008
Smt. Rahima Begam Choudhury,
-Vs –
The State of Tripura,
BEFORE
HON’BLE MR. JUSTICE S.C. DAS
Date of delivery of
Judgment & Order : 06.05.2015
Citation:AIR 2016(NOC) 549 Tri
AGARTALA
RSA NO.67 OF 2008
Smt. Rahima Begam Choudhury,
-Vs –
The State of Tripura,
BEFORE
HON’BLE MR. JUSTICE S.C. DAS
Date of delivery of
Judgment & Order : 06.05.2015
Citation:AIR 2016(NOC) 549 Tri
