HAJI ABDUL RAZAQ Vs. SHEIKH ALI BAKHSH

JUDGEMENT

(1.) THIS is an appeal from a judgment and decree of the High Court of Judicature at Lahore dated July 12, 1944, which affirmed a judgment and decree of the Commercial Subordinate Judge, 1st Class, Delhi dated June 28, 1941.

(2.) LEAVE to appeal to His Majesty in Council was granted by the High Court on the ground that substantial questions of law were involved. The only question of law which appears to arise is whether the father of respondent No.2, who was mutwalli of a wakf, had power to appoint respondent No.2 as his successor. The respondents have not appeared on the appeal but counsel for the appellant has placed before the Board the relevant arguments on both sides.

(3.) ABDUL Ghani died on April 10, 1939. On October 24, 1939, respondent No.2 mortgaged part of the property comprised in the said wakf to respondent No.1 to secure a sum of Rs. 10,000 and it was recited in the mortgage that the father of respondent No.2 was the owner as trustee of the property, that he, the second respondent, was the executor, successor and representative under his father's will, and that the purpose for which the mortgage was executed was to meet the cost of repairs, construction and improvement of the trust property. On the same day respondent No.2 executed a lease in favour of respondent No.1 in respect of the property comprised in the mortgage.