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Section 5

Procedure in Case of Dispute As to Right of Succession to Vacated Trusteeship.

45. Procedure in case of dispute as to right of succession to vacated trusteeship.---Whenever from any cause a vacancy shall occur in the office of any trustee, manager, or superintendent, to whom any property shall have been transferred under the last preceding section, and any dispute shall arise respecting the right of succession to such office, it shall be lawful for any person interested in the mosque, temple or religious establishment, to which such property shall belong, or in the performance of the worship or of the service thereof, or the trusts relating thereto, to apply to the Civil Court to appoint a manager of such mosque, temple or other religious establishment, and thereupon such Court may appoint such manager, to act until some other person shall by suit have established his right of succession to such office.

Powers of managers appointed by Court.--The manager so appointed by the Civil Court shall have, and shall exercise, all the powers which, under this or any other Act, the former trustee, manager, or superintendent, in whose place such manager is appointed, by the Court, had or could exercise, in relation to such mosque, temple or religious establishment, or the property belonging thereto.


1. Section 5 shall not apply to any wakf to which the Wakf Act, 1954 (29 of 1954) applies (w.e.f. 1-10-1962).