FARMAN ALI KHAN Vs. MOHD RAZA KHAN

JUDGEMENT

(1.) this is a defendant's appeal against a decree passed by the learned District Judge of Allahabad in a suit filed under Section 92, Civil P. C. Mt. Musharraf Begum, widow of Arab All, and his daughter, Hatimi Begum, executed a deed of waqf on 12th October 1928. Farman Ali Khan, defendant-appellant, was appointed the mutwalli of the property. The income of the property made a waqf of, was said to be Rs. 2,450 out of which land revenue and Government dues had to be paid and Rs. 250 were fixed as the collection charges. A sum of Rs. 600 was set apart for expenses incurred during the Moharram and another sum of Rs. 600 during the month of Ramzan. Detailed instructions were given as to how the money was to be spent. Farman Ali and his two brothers, Waris AH and Abdul Hasan, and Abid Husain, a grandson of Arab Ali, were to get an allowance of Rs. 25 each per mensem.

(2.) The plaintiffs, Yaqub Husain Khan and Mohammad Raza Khan, claimed that they be-longed to the Shia sect and were residents of Dariabad where the wakifs resided and were thus interested in the waqf. They alleged that the mutwalli had not been holding Majlis during Ashra Moharram, nor was he carrying out the other objects of the waqf, and had also not furnished any accounts. It was further alleged that he was heavily indebted and had executed a lease for a period of two years of village Bakar to pay his personal debts.

(3.) The allegations of breach of faith were denied in the written statement and it was pleaded that the plaintiffs were not residents of Dariabad and they bad no concern with the waqf and were, therefore, not entitled to sue. It was further alleged that there was enmity between the appellant Farman Ali and one Mahmood Ali Khan alias Agha Ali Khan and the suit had been filed at the instance of Agha Ali Khan.