BADRUL ISLAM vs QAMARUL ISLAM AND 4 OTHERS — 1971 PLD 682

Citation: 1971 PLD 682

Court: Sindh High Court

Year: 1971

Decision Date: 1971-04-28

Parties: BADRUL ISLAM vs QAMARUL ISLAM AND 4 OTHERS

Headnotes

Case cited as PLD 1971 Karachi 682

Judgment Text

Court Name: Sindh High Court Judge(s): Durab Patel Title: BADRUL ISLAM vs QAMARUL ISLAM AND 4 OTHERS Case No.: R. A. Appeal No, 213 of 1970 Date of Judgment:1971-04-28 Reported As: PLD 1971 Karachi 682 Result: Petition accepted JUDGMENT JUDGMENT The late Hafiz Abdul Karim lived and died in Delhi and on 20th March 1917 he had dedicated a sum of Rs, 3 lakhs (approximately) for a waqf. Hafiz Abdul Karim died before Partition, and on his death the applicant became the mutawalli of the waqf. The applicant as well as the respondents migrated to Pakistan in 1947. When the applicant left India he was compelled to leave behind the bulk of the corpus of the waqf. However the waqf had included shares of an Indian Company, known as Kanpur Tannery Limited, and the applicant had managed to sell these shares and bring the sale proceeds over to Pakistan with him. He had then invested the sale proceeds in the shares of a Company known as the Hyderabad Tannery and Shoe Manufacturing Company Ltd., and it is the case of the parties before me that the applicant became the mutawalli of the waqf in Pakistan and that the waqf property comprised these shares. Further, perhaps because the parties are inter-related, there was litigation between them. However, it is not necessary to refer to that litigation here, and it is sufficient to state that on the 1st of September 1965 the first respondent and his brother Moinul Islam, now deceased, filed a suit against the applicant and another who was a pro…

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