Mutawalli

The Manager of Wakf

P.S. Munawar Hussain, M.Com., LL.M.

Dy. Registrar.
Maulana Azad National Urdu University, Hyderabad

Published in Kashmir University Law Review, Srinagar, Vol. XVII, No. XVII, 2010.

Mutawalli is an administrator or manager of a Wakf

institution. Mr. Gregory C. Kozlowski in his book “Muslim
Endowment and Society in British India”, describes Mutawalli
as a friend or a trusted person 1. Ameer ‘Ali a well known
Islamic jurist often refers mutawalliship as tawliyat. Radd ul-
Mukhtar (an authentic source of Islamic jurisprudence) states,
wilayat (trusteeship) referring to mutawalliship.
The word Mutawalli is a derivative of Arabic word wila
which literally means “trust”. Similarly wali means a trusted
friend. Semantically Mutawalli is a friend entrusted with the
responsibility of the management of a Wakf. Thus mutawalli is
a person upon whom confidence is reposed towards the
fulfillment of the purpose of (Mansha-e-Wakf) Wakf.
B. R. Varma says, “the legal status and position of a
mutawalli of a Wakf under the Musalman law is that of a
manager or superintendent.”2
1
Gregory C. Kozlowski, Muslim Endowments and Society in British India, p. 1.
2
B.R. Verma, Islamic Law, 6th Edn, 1986, p 698.
1
 According to Abu Yousuf and Hillal the great Islamic
jurists, the wakif may lawfully reserve the tawliath (the
management of the Wakf) for himself. Mohammad Shaibani
another scholar says that the wakif cannot be a trustee of the
Wakf unless he has deserved a trusteeship for himself at the
time of consecration. But Abu Yousuf has a different view he
says even when the wakif does not reserve the trusteeship, for
himself he will still be trustee.3

The Mussalman Wakf Act 1923 defines Mutawalli as

“Mutawalli” means any person appointed either verbally or
under any deed or instrument by which a Wakf has been
created or by a Court of competent jurisdiction to be the
mutawalli of Wakf.
Wakf Act 1954 defines Mutawalli as “Mutawalli”
means any [person appointed either verbally or under any
deed or instrument by which a Wakf has been created or by a
competent authority to be the “Mutawalli” of a Wakf by virtue
of any custom or who is a naib mutawalli, khadim, mujawar,
sajjadanashin, amin or other person appointed by a mutawalli
to perform the duties of a mutawalli and save as otherwise
provided in this Act. 2[any person, committee or corporation
for the time being managing or administering any Wakf or
Wakf property.

Wakf act 1995 defines mutawalli as “Mutawalli”

means any person appointed, either verbally or under any deed
or instrument by which a Wakf has been created, or by a

3
. Ameer Ali, Mohammadan Law, Vol. I, 1912, Reprint 1985, p. 441.
2
competent authority, to be the mutawalli of a Wakf and
includes any person who is a mutawalli of a Wakf
sajjjadanashin, amin or other person appointed by a mutawalli
to perform the duties of a mutawalli and save as otherwise
provided in this Act, any person, committee or corporation for
the time being managing or administering any Wakf or Wakf
property:4
Provided that no member of a committee or corporation
shall be deemed to be a mutawalli unless such member is an
office bearer of such committee or corporation;
Appointment of Mutawalli:

Mutawalli can be appointed by the wakif, or executors

of wakif. As per the Wakf laws of India the competent court,
the Wakf Board, or the State Government concern can
appoint a Mutawalli. A committee, a society or a corporation
can also act as a mutawalli.

The founder of the Wakf has power to appoint the first

mutawalli, and to lay down a scheme for the administration of
the trust and for succession to the office of mutawalli.

“The wakif is primarily entitled to appoint a mutawalli

for the management of the trust. If he is honest and just, he has
a title superior to that of the Kazi to nominate a trustee, though
he has parted with the property, and his right in it has become
extinguished, still he has a right to see that its proceeds are
applied according to the terms of the consecration.”, “He has a

4
Wakf Act (Act 43 of 1995) 1995
3
better title to appoint a muezzin and imam for a mosque than
the congregation, unless his appointment is objectionable on
the ground that the persons nominated by him are unfit, as it is
stated in the Nawazil and Abu-Ilaisi”5

The wakif is primarily entitled to appoint a mutawalli

for the Wakf. “If the mutawalli appointed by the wakif dies in
his life time, the power of appointing another mutawalli rests
with the wakif and not in the Kazi.”6

A woman is also entitled to be appointed as a mutawalli

but she can’t lead a prayer congregation or any other duty
which is specifically earmarked by Islamic law to be
performed by a man. “But where the mutawalli has to perform
religious duties or spiritual function in connection with the
Wakf which is regarded by men, can only be performed by a
man, a women can’t be appointed to the office of Mutawalli.” 7

He may nominate the successors by name, or indicate

the class together with their qualifications, from whom the
mutawalli may be appointed, and may invest the mutawalli
with power to nominate a successor after his death or
relinquishment of office. If the wakif appoints his own self as
the mutawalli of a Wakf and involves in misfeasance he can be
removed even though a Wakf itself was created by him. The
mutawalli will be discharged with the death of wakif. But if the
wakif appoints a mutawalli for his life he can continued even
5
. Ameer Ali, Mohammadan Law, Vol. I, 1912, Reprint 1985, p. 441
6
. Ibid, p. 442.
7
Ibid, p. 443.
4
after the death of wakif. Mutawalli is a mere agent of the wakif
for the administration of the Wakf institution. The wakif can
prescribe the mutawalli ship to his family members or his
family lineage for future. The wakif can formulate a scheme
for the appointment of mutawalli and for administration of
Wakf. The wakif has the power to prescribe and formulate the
scheme of administration of Wakf institution and the
appointment of mutawalli.

Mulla says“……the founder of a Wakf may appoint

himself or his children and decedents or any other person even
a female, or non-Mohammedan to be the mutawalli of Wakf
property8.

Fatawa-e-‘Alamgiri lays down the following principles

in respect of the appointment of the mutawalli
a. The mutawalli should be an adult, possess good
understanding.
b. If the tawliath devolves upon a minor by virtue of a
provision in the trust deed. It should be confined to
make descendents of the wakif or the members of a
particular family, the appointment of the mutawalli
shall be kept in abeyance until he attains the age of
majority.
c. If the tawliath is hereditary in a family and the last
incumbent appoints his minor son on his death bed,
to be the mutawalli the kazi (judge) shall not remove
him but appoint another person to discharge the
duties of the office during the minority.

8
Mulla’s Principles of Muhammadan Law, 19th Edn. P. 173-174.
5
 d. The reason why the minor is debarred from
appointment to the office of mutawalli is because of
his incapacity to discharge the functions of
mutawalli and to understand and comprehend the
concept and functioning of the Wakf. Nor a minor
can appoint his deputy to discharge his duties.

“If the wakif appoints a minor as Mutawalli, and no

adult is associated with him, the kazi shall appoint some
person to do the work until the minor attains majority. If there
is an adult associated with the minor, the Kazi may appoint
some person to represent the minor and act jointly with the co-
mutawalli, or may empower the adult mutawalli to act for the
minor.”9 Freedom and Islam are not necessary conditions.

If any person appointed as mutawalli dies, or refuses to

act in the trust, or is removed by the Court, or if the office of
mutawalli otherwise becomes vacant, and there is no provision
in the deed of Wakf regarding succession to the office, a new
mutawalli may be appointed by the Khazi (or the Court).

Ameer Ali quotes the Radd-ul-Mukhtar and states that

“puberty and understanding on the part of the mutawalli are
necessary qualifications to a valid appointment; goes on to say,
(that) freedom and Islam are not requisite. So if a minor is
made an executor, according to kyas (analogy), it would be
absolutely void; according to istehsan (liberal interpretation of
the law), it would remain in operative only so long as he is a
minor; and when he attains majority the wilayat (trusteeship)

9
Ameer Ali, Mohammadan Law, Vol. I, Reprint 1985, P. 446.
6
would revert to him. If the person appointed be a bondsman,
the appointment would be valid both according to kyas and
istehsan for he possesses the personal capacity…… which the
minor does not. The same is the case of a zimmi (non –
Moselm fellow – subject). And should the Kazi remove the
bonds – man from the wilayat, he would not recover it on
emancipation, nor the other on his adopting Islam,” which is
different from the case of a minor”.10

If the wakif were to appoint two persons to be

mutawalli of a Wakf after his death and one of them were to
die appointing the other as his executor in the matter of the
Wakf, the survivor would be entitled to act as the sole
mutawalli.11

Abu Yusuf holds that if a wakif were to appoint a

mutawalli during his life time, without mentioning that such
appointment should continue in force after his death, the
mutawalli would vacate his office on the death of the wakif.
The rule of law, however, is, that when an appointment is
made without mentioning its duration, it does not cease on the
death of the appointer.

If a person make a Wakf during his lifetime, but do not

appoint a Mutawalli thereof even when death comes upon him,
but appoint an executor, such executor will be the executor as
well as the mutawalli of the Wakf. This is according to Abu
Yusuf and the fatwa is according to him. If, however, the
10
Ibid. p. 446.
11
Ibid, p. 448.
7
wakif appointed a mutawalli for the Wakf during his lifetime,
his executor will not be the mutawalli of the Wakf.12

If the wakif has appointed no Mutawalli, and the Kazi

has appointed one, the wakif has no power to remove the
person appointed by the kazi. When the wakif dies without
appointing a Mutawalli or leaving an executor, in that case the
kazi will have the power of appointing the superintendent of
the Wakf. 13

Power to appoint mutawalli in certain cases:

When there is a vacancy in the office of the mutawalli

of a Wakf and there is no one to be appointed under the terms
of the deed of the Wakf, or where the right of any person to act
a mutawalli is disputed, the State Wakf Board may appoint any
person to act as mutawalli for such period and no such
conditions as it may think fit. The state Wakf Board instead of
appointing a person as Mutawalli can constitute a committee to
discharge the duties of Mutawalli and to manage the affairs of
Wakf.

De-facto / De-jure Mutawalli:

A person who may not be legally authorized but

discharges the duties of the mutawalli and manages the Wakf
institution is a De-facto mutawalli. A person who is appointed
as a mutawalli by due process of law either by the court or by

12
Ibid. p. 449.
13
Ibid. p.450.
8
the Wakf board or by the wakif or in terms of Wakfnamah is
called a De-jure mutawalli.

Office of mutawalli:

The office of mutawalli is neither transferable nor

heritable, unless otherwise specifically provided in the deed of
Wakf (Wakfnamah). The office of mutawalli is not hereditary,
in case of a public Wakf, however in the case of Wakf al–aulad
the office of the mutawalli ship can be hereditary one. “The
office of Mutawalli is an office of personal trust, and a person
who cannot discharge the duties of the trust personally, nor be
responsible for their due discharge, cannot appoint a deputy.”

The office of Mutawalli is not transferable. If the

Mutawalli wants to resign from the post, he shall inform that
kazi to relinquish him from the post. With the enactment of the
Wakf act 1995 the power of appointment of Mutawalli vests
with the Wakf boards of the respective states. The Wakf
boards are empowered to regulate the functioning of the Wakf.
In such a case the Wakf board or the state government
concerned can constitute a merging committee to look after the
affairs of the Wakf institutions, or it may take the Wakf
institutions under its direct management and control vide
section 65 of the Act. But the Wakf board can’t proceed
arbitrarily against any mutawalli without giving him sufficient
time to present his point of view and explanation.

The Mutawalli can’t expend any income of the Wakf

institutions for his personal gains. However he can take up to
9
10% of the total income towards his personal expenditure in
respect of administration of the Wakf. The mutawalli can
manage and administer the Wakf properties. He can lease but
the Wakf properties for not more than 12 month.

Remuneration of mutawalli:

The founder may provide for the remuneration of the

mutawalli. Such remuneration may be a fixed sum or it may
be a residue of the income of the Wakf. If no provision is
made by the founder for the remuneration of the mutawalli, the
court may fix a sum not exceeding one – tenth of the income of
the Wakf property. If the amount fixed by the founder is too
small, the Court may increase the allowance, but it must not
exceed the limit of one – tenth.14

“The office of mutawalli can’t be attached in execution

of a personal decree against the mutawalli” as decided in the
case of Sarkum v. Rehman Baksh (1896 – 24, Cal. 83, 91).

Mutawalli entitled to pay certain costs from income

of Wakf property:

Notwithstanding anything contained in the Wakf deed,

every mutawalli may pay from the income of the Wakf
property and expenses properly incurred by him for the
purpose of enabling him to furnish any particulars, documents
or copies under Section 36 or any accounts under Section 46 or
14
Ameer Ali, Mohammadan Law, Vol. I. 1912, Reprint 1985, p. 469.
10
any information or documents required by the Board or for the
purpose of enabling him to carry out the directions of the
Board.

Removal of Mutawalli:

A mutawalli can be removed by the wakif, by the court,

by the Wakf Board or by the government, if he involves
himself in misconduct or misfeasance or if his continuation is
detrimental to the interest of Wakf. The Wakf Act 1995 lays
down the grounds and circumstances under which a mutawalli
can be removed.

As far as the Wakf jurisprudence is concerned a wakif

can removed the mutawalli if he has reserved for himself the
right to remove a mutawalli or appoint a new mutawalli.
As regards the power of the wakif to remove a
mutawalli whom he has appointed there is a difference of
opinion between Abu Yusuf and Mohammed. Abu Yusuf
holds that the wakif is absolutely entitled to remove the
mutawalli appointed by himself, whether he has reserved the
power or not. Mohammed differs, holding that it is only when
the wakif has reserved the power that he can removed the
mutawalli, without any misfeasance and the Fatwa is
according to Mohammed’s view.15

15
Radd-ul-Mukhtar, Vol. III, p. 638, as quoted by Ameer Ali,
Mohammadan Law, Vol. I. 1912, Reprint 1985, p.458.
11
 The Radd-ul-Mukhtar states the principle thus: When a
mutawalli is appointed by the wakif, he will become
discharged on the death of the wakif. This is according to Abu
Yusuf’s rule on which is the fatwa, for such a mutawalli is
merely an agent on behalf of the wakif. But when the wakif
appoints a mutawalli “for his life and after his death,” such
mutawalli will not become discharged in consequence of the
wakif’s death.

“If the wakif appoints as mutawalli a person who is

absent, the Kazi has the power of nominating in his place
another for the time – being, and when the mutawalli
appointed by the wakif arrives the trust will revert to him.”16

The details of circumstances and reasons under which a

mutawalli can be removed have been enumerated in the under
section 64 of Wakf Act 1995. These details have been
discussed in the chapter Wakf Act 1995 and over view.

Honesty and integrity shall be indispensable qualities

of a mutawalli, without which the purpose for which the Wakf
is dedicated would be jeopardized.

16
Ibid, p.447.
12
The Mutawalli

The matters pertaining to appointment, removal, duties

and responsibilities of the Mutawalli have been bone of
contention between various parties and under the consideration
of various courts.
The full bench of Allahabad High Court, in the matter of
Moattar Raza v. Joint Director of Consolidation U.P,17 has
ruled that
“The legal status and position of a Mutawalli under a
Wakf under the Mussalman law is that of a manager or
superintendent”.

The Islamic jurisprudence permits a non-Muslim to

function as a mutawalli of a Wakf. A woman is also permitted
to act as mutawalli. But a non-Muslim and a woman cannot
discharge the religious and spiritual duties related to the Wakf
institution. A Division Bench of the Madras High Court in
Shaik Mastan Sahib v Palayani Balarami Reddi,18 held that:
“The Islamic law is liberal enough to permit the
appointment of a competent non-Muslim as mutawalli
in the absence of suitable Muslims, so long as such
mutawallis are not called upon to perform any religious
duties in respect of the Wakf.
It is a peculiar feature of Islamic jurisprudence that it
does not ban either women or non-Muslims being
appointed or acting as trustees or mutawallis for
Muslim endowments so far as the management pertains
only to the secular administration of the Wakf and its

17
AIR 1933 All 407.
18
AIR 1953 Mad 958.
13
 properties and does not involve the discharge of duties
relating to religious or spiritual services or obligations.”

Justice Ameer Ali in Piran v Abdul Karim,19 has

observed that:
“When an institution is dedicated to the inhabitants of a
particular locality or to a particular sector fraternity, the
members of which are ascertainable whatever might
have been the case in ancient times, the modern Muslim
jurists have recognised the validity of an appointment
by the congregation. The Fatawa-i-Alamgiri, after
stating the old views concerning such appointments
says:
It is stated from Shaik-ul-Islam Abal Hassan that all
Mashaikhs (Jurists) declare that if they (the
congregation) do appoint a mutawalli, it would be as
valid as if the appointment was made with the
permission of a Kazi and in the Radul-ul-Mukhtar it is
stated that modern Muslim lawyers recognised the
validity of appointment by congregation. So also, in the
Wajiz-ul-muhit”.

Justice Ameer Ali in the case of Vidya Varuthi Thirtha

Swamigal v Balusamy Iyer,20 speaking for the judicial
committee of the Privy Council observed that:
“The manager of the Wakf is mutawalli, the governor
superintendent or curator. In Jeevandas Shah’s case the
Judicial Committee called him ‘procurator’ which
related to a Khankha, a Mohammadan institution
analogous in many respects to a Mutt where Hindu
religious instruction is dispensed. The head of these
Khankhas which exist in large numbers in India is
19
ILR 19 Cal 203.
20
AIR 1922 PC 123; 48 IA 302; ILR 44 Mad 831; 65 IC 161.
14
 called Sajjadanashin. He is the teacher of religious
doctrines and rules of life and the manager of the
institution and the administrator of its charities and has
in most cases a larger interest in the usufruct than an
ordinary mutawalli. But neither the sajjadanashin nor
the mutawalli has any right in the property belonging to
the Wakf; the properties are not vested in him and he is
not a trustee in the technical sense”.

The above observation of Justice Ameer Ali

differentiates between a mutawalli and a sajjadahnashin. The
Wakf Act 1995 includes sajjadahnashin in the definition of a
mutawalli. In Syed Shah Mohammad Kazim v Syed Abi
Saghir,21 Justice Muhammad Noor observed that:
“Khangahs cannot exist and continue without a
sajjadanashin. In other systems the personal expenditure
of the head of such an institution has been curtailed to
almost nothing by enjoining celibacy, as for instance in
the case of Christian monasteries or Hindu Mutts. But
Islam prohibits celibacy and a saint with a family is the
rule rather than an exception. In these circumstances
devotees and adherence of khanqas have always made
provision for maintenance of the sajjadanashin and his
family so that he may devote all his time to imparting
religious and spiritual instructions to his disciples and
be free from secular cares. A sajjadanashin is an
integral part of the institution and the central figure so
as to speak therein. Its existence depends on his
personality. In him is supposed to continue the spiritual
line. Therefore provision for his maintenance and that
of his descendants is a provision for him as the head of
the institution. It is a trust and not a personal grant.”

21
AIR 1932 Pat 33; (1932)11 Pat 288; 136 IC 417.
15
 A Bench of the High Court of Madras has held in the
case of Khaji Mohamed Hossain v Majiday Mahmood Jamait
Managing Committee,22 that when a society has been
discharging the duties of mutawalli for a period of fourteen
years and has been in undisputed management of the mosque
in derogation of the right of the previous mutawalli it must be
deemed to have acquired the right of mutawalli by
prescription.

In Khajeh Salimulah v Abdul Khair,23 one Faizunnisa

Begum relinquished her office of mutawalli and appointed
Nawab Ahanullah as her successor the plaintiff who was one
of the heirs of the wakif and who was entitled to claim for the
mutawalliship but abstained from taking any action. His title
and claim to the office of mutawalli was held to have been
barred by time under Article 120 of the Limitation Act 1908. A
Bench of the High Court of Calcutta in the case of Kassim
Hussan v Hazra Begam,24 has observed that:

“In our opinion, it is fully established by satisfactory

evidence that Hazra Bibi has held the office of
mutawalli from 1880 and has been in possession thereof
by performance of the duties attached thereto, either
herself or through her deputies for a period of not less
than thirty-six years. What then is the legal effect of
such possession of the office, even if we assume for a
moment that her nomination to the office of mutawalli
was not validly made or was not confirmed by a Kazi or
by a judicial officer of equivalent status? The obvious
22
AIR 1940 Mad 167.
23
37 Cal 263.
24
AIR 1920 Cal 800.
16
 answer is that the plaintiff has acquired a good title to
the office of mutawalli by reason of her possession
thereof for the statutory period”.

A Bench of the High Court of Madras has held in the

case of Khaji Mohamed Hossain v Majiday Mahmood Jamait
Managing Committee,25 that when a society has been
discharging the duties of mutawalli for a period of fourteen
years and has been in undisputed management of the mosque
in derogation of the right of the previous mutawalli it must be
deemed to have acquired the right of mutawalli by
prescription.

Accountability of mutawalli

The matters pertaining to appointment, removal, duties

and responsibilities of the Mutawalli have been the bone of
contention between various parties and under the consideration
of various courts. If the mutawalli is honest, the wakf will be
safe.
The Hon’ble Supreme Court of India in Sayed
Muhammed Mashur Kunhi Kaya Thangal v Badagara
Jamayath Palli Dharas Committee 26 has held that:

“In the case on hand, as already noticed above, neither

there was pleading specifically in that plaint as to the
plaintiff actually acting as a mutawalli to come within
the scope of section 3(f) of 1954 Wakf Act nor
acceptable and sufficient evidence was placed on record
25
AIR 1940 Mad 167.
26
AIR 2004 SC 4365.
17
 to prove it as a fact. In the situation, the aforementioned
decision27 has no application to the case of the plaintiff.
When the plaintiff came forward specifically pleading
that he was entitled for declaration of title and for
recovery of possession of the plain schedule property
based on the agreement Exbt. A-2 dated 13.2.1973, it
could succeed only on the basis of the validity of Exbt.
A-2 and the validity of transfer of mutawalliship in its
favour. Since all the Courts have concurrently found
that mutawalliship could not be validly transferred in
favour of the plaintiff Committee under Exbt. A-2, the
suit filed by the plaintiff ought to have been dismissed.
The plaintiff could only succeed on the strength of its
case and not on the weakness found in the case of the
defendant, if any. The first appellate Court having
elaborately considered the evidence placed on record in
the light of the pleadings of the parties had come to the
right conclusion in dismissing the suit of the plaintiff.
The High Court in the second appeal, in our view, was
not right in upsetting the findings of the fact recorded
by the first appellate Court, that too without putting the
parties on notice on the substantial question of law.
Even otherwise, the finding of the High Court on
Question No. 3 cannot be sustained when such a case
did not arise for consideration in the absence of
necessary pleading in the plaint in that regard. More so
when the case of the plaintiff was based clearly on title
said to have been derived under Exbt. A-2. Under the
circumstances and in the light of what is stated above,
the impugned judgment cannot be sustained. In the
result, the appeal is allowed, the impugned judgment is
set aside except the direction given to the Wakf Board
to act under section 63 of the Wakf Act 1995 and the
suit filed by the plaintiff is dismissed. In other words,
the direction given by the High Court to the Wakf

27
Moideen Bibi Ammal v Rathnavelu Mudali AIR 1927 Mad 69.
18
 Board to exercise power under section 63 of the Wakf
Act 1995 is maintained”.

A mutawalli cannot claim the benefit of being a tenant

in the Wakf property. The High Court of Karnataka in
Karnataka Board of Wakf v Land Tribunal, Sira and others,28
has held that:
“The person managing or administering the property
under a statue cannot claim the status of tenant and
therefore, the person holding the office of mutawalli
also cannot be construed as a deemed tenant within
the meaning of Section 4 of the Land Reforms Act. It
is no doubt true even in case of a Wakf landed
properties, if a person were to be found cultivating the
land as tenant is entitled to claim occupancy rights by
filling Form No. 7. But the person managing and
administering the property of the Wakf cannot be
construed as a tenant in respect of the said property.
“…..” It is manifest that the person in possession of
the land in capacity of the mutawalli cannot be
construed as tenant and he is only a caretaker of the
property and, therefore, not entitled for grant of
occupancy right in respect of Wakf Properties”.

The purpose for which the Wakf is created is one of the

essential elements of a valid Wakf. The purpose to be valid
should have been recognized in Islam as religious and
charitable. The High Court of Rajasthan in the case of Gora
Devi & Ors. vs. Rajasthan Board of Muslim Wakf,29 has held
that:

28
AIR 2000 Kant. 141.
29
AIR, 2009 (NOC) 1393, Raj.
19
“Essentially it remains a question of fact, rather a
brass question of fact, as to whether from the
evidence, and / or material on record, a particular
property, is established to be a Wakf property, or in
other words dedication for Wakf purpose can be
inferred by user for a long period of time, it is shown
to be continued at least up to somewhere the first or
second decade of the 20th Century.
Thus, where evidence led on the side of plaintiff, was
found to be sufficient to prove the property to be
Wakf property, and there being no evidence in
rebuttal, on the side of the defendant, the property
would be termed as Wakf property”.

20