MOHAMMED KHASIM versus MOHAMMED DASTAGIR AND ORS.

MOHAMMED KHASIM versus MOHAMMED DASTAGIR AND ORS.

The Deed of Trust executed by Mohammed Imam Saheb did not effectuate a wakf, as there was no permanent dedication in favour of God, and the executant reserved power of alienation; it created only an English Trust, not a wakf. The properties vested in the trustees for management and are not partible among the heirs. There is no bar under Mohammedan law for creation of a simple English Trust instead of wakf.

Parties
Appellant: Mohammed Khasim; Respondent: Mohammed Dastagir; Respondents: Other heirs of Mohammed Imam Saheb
Jurisdiction
India
Judgment Date
15 December 2006
Procedural Posture
Civil Appeal / Appeal to Supreme Court From Judgment and Order Dated 5.10.1998 of the High Court of Karnataka at Bangalore in R.f.a. Nos. 561/87 and 196/90
Outcome
Appeals dismissed; suit filed by Mohammed Dastagir also dismissed; both trial court and High Court judgments set aside.
Legal Topics
Wakf Creation, Settlement of Properties, Partition, Validity of Deeds
Muslim Law Trusts and Wakf Wakf Creation Settlement of Properties Partition Validity of Deeds

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Parties

Mohammed Khasim

Appellant

Mohammed Dastagir

Respondent

Other heirs of Mohammed Imam Saheb

Respondents

Procedural Posture

Civil Appeal / Appeal to Supreme Court From Judgment and Order Dated 5.10.1998 of the High Court of Karnataka at Bangalore in R.f.a. Nos. 561/87 and 196/90

Legal Issues

  1. 1 Whether the Deed of Trust executed by Mohammed Imam Saheb created a wakf or a simple trust
  2. 2 Whether the Release Deed executed by Mohammed Dastagir was valid and binding
  3. 3 Whether the properties in question are partible among heirs

Ratio Decidendi

The Deed of Trust executed by Mohammed Imam Saheb did not effectuate a wakf, as there was no permanent dedication in favour of God, and the executant reserved power of alienation; it created only an English Trust, not a wakf. The properties vested in the trustees for management and are not partible among the heirs. There is no bar under Mohammedan law for creation of a simple English Trust instead of wakf.

Court Disposition

Appeals dismissed; suit filed by Mohammed Dastagir also dismissed; both trial court and High Court judgments set aside.

Orders

  • Both judgments and decrees of the trial court and High Court are set aside.
  • Suit filed by Mohammed Dastagir is dismissed.