Law:

Section:

Musalman Waqf Validating Act (VI of 1913)--- ----Ss. 2(1) & 3---Liability of Mutawafi---A Mutawalli of waqf-alal-aulad, held, was bound to give accounts and could also be removed by Court, if it was proved that he was guilty of misfeasance or mis-conduct. ORDER C.M.A. No.4459 of 1990 is an application praying for stay of operation of the order and decree dated 11th February, 1990 and also for an order restraining the Plaintiffs-opponents from alienating, selling. mortgaging, transferring, interfering, renting, collecting rents or otherwise dispoing of the suit property and so on. Applicant Abdul Hameed has, filed an application under section 12(2), C.P.C. praying that the order and decree in suit No.1090 of 1988 be set aside. Suit No.1090 of 1988 was filed by Mehmood and three others beneficiaries of a Muslim Waqf-alal-Aulad against its Mutawalli Abdul Hameed and his brother Abdur Rasheed and sister Mst. Hameeda. 1t was alleged that Abdul Hameed had mis-managed this property, details of which are given in paras 8 to 10 of the plaint. It was further alleged that Abdul Hameed had not been rendering accounts to the plaintiffs or defendants and was not paying maintenance, expenses for adjudication, medical charges and other charges which they were entitled under the Waqf-Deed, except certain nominal payment to Plaintiff No.3 for sometime. It was further alleged that Abdul Hameed had granted leases of Waqf property for a term exceeding three years and was,…

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