HUSSAIN BIN ALI Vs. SALAH BIN AHMED

JUDGEMENT

(1.) IN this suit for account and injuncatioon the four Plaintiffs have sued their grandfatner, Salan Bin Anmed, with some other relatives. They allege that Salah Bin Ahmed has dedicated certain properties by two valid deeds of Wakf dated 16th Parwardy 1346 F. and 5th Khurdad 1351 F; that these deeds are deeds of WAKF -ALAL -AULAD conferring on them the right to the usufruct of the property; that the grand -father is not allowing them to derive any benefit from the properties; that, on the other hand, he is thinking of alienating them and, therefore he should be restrained by an injunction from alienating the property and compelled to account for its usufruct: and when this is done they should be awarded their share. In reply the Defendants have denied that the abovementioned deeds were deeds of WAKF -ALAL -AULAD. They allege that the deeds were mere wills and have been revoked by their author. The following issues were framed by my predecessor on 13th Dai 1359 F. corresponding to 13 -11 -1949 A. D.

(2.) WHETHER the valuation of the suit is correct and proper Court -fees have been paid.

(3.) ARE not deeds dated 16th Farwardy 1346 F. and 5th Khurdad 1351 F. Wakfnamas but are wills and are, therefore, unenforceable during the lifetime of the Defendant;