(1.) This case raises a question of the validity of a deed of wakf dated 19 12 1932, executed by one Wali Mohammad. Under that deed he appointed his daughter, Sm. Abida Khatoon, as mutwalli. She filed a suit for declaration that she was the managing mutwalli of a portion of the property described in the plaint and that the defendants had no right to interfere with her management she claimed possession, in case it was found that defendant 1 or the other defendants were in possession, and also prayed for mesne profits and costs.
(2.) The suit was resisted by the defendant-appellant, step-brother of the plaintiff, on various grounds, but the main ground which was urged before us was that the wakf was invalid.
(3.) Various reasons were given for the invalidity but the learned Judge held in favour of the plaintiff and decreed her suit.