Supreme Court of India
Hammad Ahmed v. Abdul Majeed & Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the above discussion, it is held that the Dawakhana Wakf is not a wakf within the meaning of the term, under the Wakf Act , despite the use of the term “wakf” (which appears to be misleading).
Judgment, page 27
From the headnote
Succession – To the Office of Chief Mutawalli – Rul e of Primogeniture – When not applicable – One ‘HAM’ sta rted the Hamdard Dawakhana as sole proprietor – Died leaving behind hi s wife and two sons, ‘AH’ and ‘MS’ – These three execut ed Deed in 1948 to manage the affairs of Hamdard – ‘AH’ became the sole surviving Wakif Mutawalli in terms of the 1948 Deed – In 196 4, the Wakif Mutawalli appointed his two sons ‘AM’ and ‘HA’ -appellant as Mutawallis – Wakif Mutawalli issued various declar ations from time to time for working of Hamdard – On the basis of such declarations, a comprehensive
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