KANIZ FATMA Vs. SYED AMIR ALI KAZIM

JUDGEMENT

(1.) This is a second appeal by Kaniz Fatma and Anis Fatma against the decree of the Civil Judge of Allahabad by which he confirmed the decree of the Munsif of Allahabad.

(2.) The suit was brought by the plaintiffs appellants for six years' maintenance allowance which was due to them from the defendant respondent, Amir Ali Kazim on the basis of a deed of waqf-alal-aulad which had been executed by Mt. Ibadunnissa. In that waqf-deed, the waqif provided that Rs. 75/- should be paid as annuity every year to each of the two appellants. The suit was resisted by the respondent on the ground that as the income of the waqf property had fallen down considerably, the amount fixed by the waqif should be reduced. This plea was accepted by the Courts below and the annuity was fixed by the lower appellate Court at Rs. 34-5-0 per year. The present appeal is against this order.

(3.) Two points have been raised in the grounds of appeal, one of which, however, relating to expenses of a certain criminal trial has been given up. The only other point that is now being pressed is that the amount of annuity cannot be reduced.