ABDUL QAVI KHAN Vs. GOD ALMIGHTY

JUDGEMENT

(1.) THESE two special appeals are against the common order of a learned Single Judge dismissing the appeals filed by the plaintiff, Abdul Qavi Khan and defendant No.5 Sehat Ali Khan and for the sake of convenience they are disposed of by a common judgment. L.P.A. No.50 of 1951 is by the plaintiff and L.P.A. No.80 of 1956 is by the defendant No.5.

(2.) IN order to appreciate the points involved the material facts may be stated. The relationship of the parties will be clear from the following genealogical table:

(3.) ON the 17th December 1930, i.e., a day prior to the execution of Ex.1 another wakf -alal -aulad (Ex.2) was executed jointly by wakif No.1 and her husband Dr. Niaz Ali Khan of the following properties: