ABDULLA BEARY Vs. ALIKUNHI BEARY

JUDGEMENT

(1.) This is an appeal by the plaintiff against the dismissal of the suit OS 295/50 by the learned Subordinate Judge of South Kanara.

(2.) The suit was for a declaration that the plaint properties are wakf properties dedicated by his grandfather Mohammad Beary and for recovery of the said properties and for removing the first defendant from the Muttuwalli-ship and for certain other consequential reliefs.

(3.) First defendant is the son of Mohammad Beary and father of the plaintiff. Defendants 2 and 3 are the sisters of the plaintiff and the 5th defendant is his mother. The case of the plaintiff was that his grandfather Mohammad Beary, a Hanafi Musalman, created a Wakf in respect of the suit properties according to Mohammadan Law and also executed a Registered Wakf deed on 8-3-1915. According to the plaintiff, his grandfather was to be in management during the lifetime and that after his grandfather, his father, the first defendant and the latter's children are to manage the properties and perform the charities mentioned therein, without any powers of alienation. The plaintiff further alleged that he came to know that his grandfather and his father have effected several alienations of the property contrary to the Wakf deed and in consequence, the 4th defendant is in possession of item No. 1 and the 5th defendant is in possession of item No. 2. He contended that the alienations are illegal and that inasmuch as the 1st defendant has made himself unfit to be the Muttuwalli in view of His several acts mentioned 'above, he ought to be removed from Trusteeship and possession of the properties are to be recovered from the 4th and 5th defendants with costs and mesne profits.