9911796707
TMI Blog1920 (6) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... nger material--to the district of Muzaffarnagar, beyond the jurisdiction of the Deputy Commissioner of Karnal. But the Deputy Commissioner proceeded to act under the Court of Wards Act, and in purported pursuance of the powers thereby conferred he issued an injunction on the 30th of August, 1908, restraining the Nawab or any authorized agent from executing any deed of alienation until the further order of the Court. Notwithstanding this direction the waqfnams was, on the 1st of September, 1908, registered before the Sub-Registrar of Muzaffarnagar. On the 9th of November, 1908, the said Nawab executed a further document purporting to appoint trustees of the charity to which his property had been dedicated under the deed of the 25th of August ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ason of his possessing an interest in the property? and Did the trusteenama (the document of the 9th of November, 1908) require registration under the Registration Act of 1877? 6. There are several weighty objections urged against the appellants upon the first point. First, it is argued that the Deputy Commissioner had no power to issue any injunction under Sections 11 and 12 of the Punjab Court of Wards Act, 1903, and secondly, that, even if he had such power, it must have been limited to persons and property within his jurisdiction. It is unnecessary to decide the first of these arguments, as their Lordships are clearly of opinion that, even assuming his authority would have extended to making such an order had the property been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hing done in good faith pursuant to this or any Act hereby repealed, by any registering officer, shall be doomed invalid merely by reason of any defect in his appointment or procedure. 8. It is contended that the disability created by Rule 174 cannot be regarded as a mere question of procedure, but their Lordships do not accept this view. The registration by the Sub-Registrar is obviously the essence of the proceedings in effecting registration. If the Sub-Registrar] were disqualified the Registrar would be entitled to act, and the fact that the Sub-Registrar, overlooking his own interest, or regarding it as an interest which created no disqualification, in perfect good faith effected the registration himself, is, in their Lordships' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssion known as proprietary possession into that of a ' mutawalli' (superintendent,. With effect from this day, the said property no longer belongs to me! nor am I any longer in proprietary possession thereof. It belongs to God, and is a 'sadka' (alms) for His creatures. I am in possession thereof as a superintendent, that is, as a trustee for those who are according to the objects of the said waqf, on titled to be, in any way, benefited thereby. ' The said property can neither be sold nor mortgaged, nor transferred in any other way. Neither I nor anyone through me can exercise any proprietary power in respect thereof. It cannot be inherited by anyone on my death, nor can anyone enter into possession thereof by right of i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to receivers and managers appointed over property in this country than to trustees in whom the property is absolutely vested. A receiver and manager by virtue of his appointment has no estate in the property he is called upon to control; he possesses powers over it but not an interest in it, and the appointment of others in his place would by itself effect no transfer of ownership. The same thing is, in their Lordships' opinion, true of the trustees under this deed. They are, as the deed itself states, superintendents of the property. The further use of the term trustee '' is apt to mislead until this distinction is borne in mind. They are trustees in the general sense that every man is a trustee to whom is entrusted the duty o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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