MOHAMMAD SABIR ALI Vs. TAHIR ALI

JUDGEMENT

(1.) THIS is a plaintiffs first appeal from the judgment and decree of the Civil Judge of Bahraich, and the subject of dispute in this appeal is the taluqdari and non -taluqdari property of one Thakur Asghar Ali who died in 1937.

(2.) TO appreciate the controversy between the parties, the following genealogical table, which is not disputed, will be of considerable assistance.

(3.) ON the 26 -8 -1925. Asghar Ali executed a deed of waqf -alal -aulad by means of which he created a waqf of his entire property for the benefit of himself, his family and descendants generation after generation. He was to be the mutwalli for his life -time and thereafter his son Mohammad Umar defendant No. 1, and after him his other sons and then his other descendants selected according to the rule of primogeniture. Some amounts were to be paid to charities and as maintenance allowances to the members of his family generation after generation.