LexSMT. ZUBEDA BEGUM ETC. versus SYED SHAH KHURSHEED AHMAD HASHMI AND ORS. ETC.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A
B
SMT. ZUBEDA BEGUM ETC.
v.
SYED SHAH KHURSHEED AHMAD HASHMI AND ORS. ETC.
NOVEMBER 28, 1996
[K. RAMASWAMY AND G.T. NANA VAT!, JJ.]
Muslim Law-Wakf-Meaning, Object and validity of-Wakfnama ex-
ecuted by a follower of Hanft Sunnet-ul-Jammat of Islam-E.xecutant giving
up proplietory interest in prope1ties and appointing himself as Mutawal/i of
C the wakf-Vesting of properties in God-l'rovision that after death of executant
his nephew would be mutawa//i of Estate-Wakfnama duly registered with
Sub- Registral'-Death of executant-Wife of executant filing a suit for cancel-
lation. of Wakfnama and for possession of properties--Suit partly decreed by
Tiial Court-{)n appeal suit dismissed by High Court-Appeal before Supreme
Court-Finding that the executant of wakfnama was in a fit mental condition
D to execute the Wakfnama held col7ect-Contention that the nephew of ex-
ecutant had played greater role in having the wakfnama executed for his benefit
by bliiJging about undue influence on the executant rejected-Held, in the
circumstances of the case the wakf was duly created in accordance with
law-Held, the wakf was not vitiated by error of law warranting inter-
E f erenc,,_.sut clauses 6, 7 and II held not valid.
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 567 of
1981 Etc.
From the Judgment and Order dated 14.3.80 of the Allahabad High
F Court in F.A. No. 399 of 1962.
S.K. Dholakia, T. Khan, Anil K. Chopra, Anis Suhrawardy, Ejaz
Maqbool, Dr. N.A. Siddiqui, Mohan Pandey and S.K. Jain for the appear-
ing parties.
G
The following Order of the Court was delivered:
Leave granted in SLP (C) No. 1638/81.
This appeal by special leave arises from the judgment of the Division
Bench of the Allahabad High Court, made on March 14, 1980 in First
H Appeal No. 399/62 and 28/64. The Nawab Sir Mohammad Yusuf of Jaun-
348
-
ZUBEDABEGUM v. SYED SHAH KHURSHEED AHMED HASHMI 349
pur had executed_Wakfnama on April 5, 1956 and he died on May 3, 1956. A
The ~ppellant-Zubeda Begum, his widow filed the suit for cancellation of
the Wakf-nama and for possession of the properties with a declaration that
she is entitled to the compensation to the extent of l/4th share of the
properties given in the list. The trial Court partly decreed the suit. On
appeal, the High Court dismissed the suit. Thus, this appeal by special. B
leave.
The main controversy is with regard to the validity of the W akf- nama
created by Naw_ab Sir Mohd. Yusuf which re~ds ·as under :
"!, Nawab Mohammad Yusuf, son of Nawab Abdul Majid Saheb, C
,.,resident of Mohalla Alam, Post Office Sadar Jaunpur City.
Whereas I am a follower of Hanfi Sunnet Ul Jammal of Islam
and whereas it is obligatory on every person that he should make
arrangement by w_hich charity and alms may continue to be given
and dependent may also be looked after. The properties menti1med D
are worth Rs. 2,44,679 which are my exclusive ownership the detail
of which has been given in Schedule As, Ba, Da and Sa.
The executant has no issue either male or female. I have got a
nephew {My sister's son) Syed Shah Mohdammad Hashmi, BA.,
E
LL.B, Vakil, Allahabad who is the son of Moulvi Nazir Shah
Hashmi. He is very promising, able and virtuous by nature. I have
brought him up as if he was my own son.
The cherished desire of me is that {1) Syed Shah Mohammad
Hashmi aforesaid as well as (2) descendants of my wife and (3)
other poor penniless people should be benefited by this Waqf:,
Therefore, after considering pros and cons of this document
without any coercion or undue influence from anyone in a state of
. my full senses and wisdom and with my own free will, I hereby
F
create a waqf of the properties in pursuance of Act 6 of 1913. I
have given up my proprietary possession over the properties and G
have re-taken them as the Mutawalli of the Waqf from this day
onwards. I have no proprietary interest left in the properties and
every b.it of the property has become vested in God for the benefit
of the persons mentioned above. These properties have become
Waqf property for all times to come. This document will be binding H
A
B
c
D
E
350
SUPREME COURT REPORTS (1996] SUPP. 9 S.C.R.
on everybody and the name of the property hereafter will be called
"Waqf-e-Yusufia."
And all the proceedings agamst the Waqf estate will be taken
under the name of "Waqf-e-Yusufia". I settle the line of Tauliat as
follows:
(1) That upto my lifetime, I, the executant will be the MuExcerpt shown. Read the full judgment & AI analysis in Lexace.