FAIQA KHATOON Vs. RIYAZUR RAHMAN KHAN SHERWANI

JUDGEMENT

(1.) PANKAJ Mithal, J. The dispute in this second appeal is between the plaintiff-brother and the defendant-sister.

(2.) ACCORDING to the admitted facts, Dr. Maulvi Hazi Habib-ur-Reham Khan Nawab Sarvar Yar Jang Bahadur created a wakf-alal-aulad vide wakf deed dated 24. 5. 45. The plaintiff-respondent no. 1 Zia-ur- Rehman Khan Sherwani is the grand son of wakif and is presently Mutwalli of the wakf. The defendant- appellant Smt. Faiqa Khatoon who is his real sister is occupying and living in the part of the wakf property with the permission of the earlier Mutwalli who happened to be their father, late Haji Ubed-ur- Rehman Khan Sherwani.

(3.) LEARNED counsel for the parties agreed that the only question of legal substance which is involved in this appeal is whether the defendant/appellant Smt. Faiqa Khatoon who is grand daughter of the wakif is a beneficiary under the wakf deed dated 24. 5. 45 and, as such, is entitled to right of residence in the wakf property.