SUGRA BIBI versus HAZI KUMMU MIA

SUGRA BIBI versus HAZI KUMMU MIA

The suit is for removal and appointment of Mutwalli in a Wakf estate which is substantially for public charitable/religious purposes, brought in a representative capacity, thus attracts s. 92 CPC. Without written consent of the Advocate-General, the suit is not maintainable.

Parties
Appellant: Sugra Bibi; Respondent: Hazi Kummu Mia
Jurisdiction
India
Judgment Date
13 December 1968
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From a High Court Revision Order
Outcome
Appeal dismissed
Legal Topics
Maintainability of Suit Under S.92 CPC, Public Charitable Trust, Wakf Administration, Removal and Appointment of Mutwalli
Civil Procedure Trusts and Wakf Maintainability of Suit Under S.92 CPC Public Charitable Trust Wakf Administration Removal and Appointment of Mutwalli

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Parties

Sugra Bibi

Appellant

Hazi Kummu Mia

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From a High Court Revision Order

Legal Issues

  1. 1 Whether the suit for removal and appointment of Mutwalli in a Wakf estate requires written consent of the Advocate-General under s. 92 CPC
  2. 2 Whether the Wakf deed constitutes a public charitable or religious trust so as to attract s. 92 CPC

Ratio Decidendi

The suit is for removal and appointment of Mutwalli in a Wakf estate which is substantially for public charitable/religious purposes, brought in a representative capacity, thus attracts s. 92 CPC. Without written consent of the Advocate-General, the suit is not maintainable.

Court Disposition

Appeal dismissed

Orders

  • Judgment of Assam High Court affirmed
  • No order as to costs