Commissioner of Wakf is not to take leave under section 14 of the Religious
Endowment Act or section 92 of the Civil Procedure Code where the wakf is a
public wakf, such as for a mosque, etc.
next ground urged is that even assuming that the wakf in question is a private
wakf, even then the consent of the Commissioner of wakf is necessary.
(1) of section 73 of the Bengal Wakf Act provides that the Commissioner of Wakf
is not to take any consent or leave as provided in section 14 of the Religious
Endowments Act and section 92 of the Code of Civil Procedure in order to obtain
any relief mentioned in the Religious Endowments Act but sub-section (2) of the
said section provides that no suit to obtain any of the relief’s referred to in
sub-section (1) relating to a wakf shall be instituted by any person or
authority other than the Commissioner without the consent in writing of the
look at section 14 of the Religious Endowments Act will go to show that this
section refers to only public religious institution, namely, mosque, temple and
other public institutions and not private charities or trust.
Necha Vs. Amena Khatun (1966) 18 DLR