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Wakf Act

(Querist) 27 July 2009 This query is : Resolved 
Kindly let me know whether a Mutawalli of a Mosque can file a civil suit against the strangers to protect the Wakf properties? If yes, kindly give some authorities of High Courts or Supreme Court. In my case, the Wakf Board is supporting the case of the Plaintiff / Mutawalli and there is no any conflict of interest between the Mutawalli and the Wakf Board. The strangers, who is in illegal possession of the wakf property is raising a plea as that the Mutawalli has no right to file suit and it is the Chief Executive Officer alone can file the suit. Kindly clarify me.

G. Yuvaraj,
Advocate,
No. 5A, Katpadi Road, RGS Complex,
Gudiyatham, Vellore District, Tamil Nadu.
yuva_ganga@rediffmail.com
s.subramanian (Expert) 24 August 2010
Mutawalli can file the suit. Sub court alone has jurisdiction.


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