Bengal Waqf Act, 1934
Section 70(1)(4)- Every suit or proceeding in respect of any waqf property the court shall issue notice to the Commissioner at the cost of the party instituting such suit and proceeding and, in absence of such notice any decree or order passed in the suit or proceeding shall be declared void.
The Appellate Division found that no such notice was issued of alleged Rent Sale, Rent Suit No. 398 of 1948 and Title Suit No. 488 of 1956 upon Waqf Commissioner and Mutwalli. Even they were not impleaded as party in those suit or proceeding. In such view of the matter, the decree or order passed in those suits or proceedings are not binding upon the Waqf Commissioner and by those decrees or orders the Waqf character of that suit land had not been extinguished. Since the property, in question, is waqf property and the same was not transferred by its actual owner, by the impugned deeds, title of the disputed waqf property had not been vested to the recipients of those deeds and those are mere papers transaction. Md. Hafizuddin Vs. Mozaffor Mridha being dead his heirs 1. Asia Begum and others (Civil) 17 ALR (AD) 25-30
Section 70-Since Waqf Commissioner and Mutawalli were not impleaded as parts in view of section 70 of the Act, any judgment and decree passed in respect of disputed waqf properly is not binding upon the Waqf Commissioner/ Administrator or Mutwalli of the waqf property, When a property can be used only for religious or charitable purpose, it acquires a permanent character. The waqf property vests in the implied ownership of the Almighty in the sense that nobody can claim ownership of it. Even in waqf al aulad, the property is dedicated to the Almighty and only the usufructs are used by the descendents. Hafizuddin (Md) vs Mozaffor Mridha (Civil) 70 DLR (AD) 145 Section 70(1)(4)-In every suit or proceeding in respect of any waqf property the court shall issue notice to the commissioner at the cost of the party instituting such suit and proceeding and, in absence of such notice any decree or order passed in the suit or proceeding shall be declared void. Hafizuddin (Md) vs Mozaffor Mridha (Civil) 70 DLR (AD) 145
