ALI IMAM Vs. AZIZUL HAQUE

JUDGEMENT

(1.) Although this appeal has been preferred against the original decree, facts generally ere not in dispute.

(2.) Abdul Hafiz, Mutwalli, son of Maulvi Majid Hussain (the plaintiff) was the original appellant. His successor in interest has since been substituted in his place. Majid Hussain had filed the suit for declaration that the properties described in Schedules 1 and 3 of the plaint were waqf properties of which ha was the Mutwalli and defendant Nos. 1 to 4 (b) had no right, title or interest in the same. Further relief sought in the suit was that deed dated 25 -6 -63 in the name of the Government of Bihar or sale deeds dated 8 -10 -64 in favour of the defendant 4 (a) and 4 (b) were null and void. He had accordingly claimed possession over the properties covered by the said deeds comprising of survey plot Nos. 248 and 1125 as described in Schedule 4 of the plaint.

(3.) Wajid Hussain had two sons, namely, the plaintiff and late Abdul Majid (the father of defendant No. 3). He had an estate, in which he had proprietary interests in the houses and lands. He executed a deed of waqf dated 9 -5 -1919. The said waqf, according to the plaintiff, was a Waqf -alat -Aulad. Wajid Hussain was the founder Mutwalli and remained in possession of the properties as such Mutwalli of the Waqf. After Wajid Hussain's death in 1922, Abdul Majid (the eldest son) became the next Mutwalli of the Waqf. Abdul Majid, however, died without nominating the next Mutwalli of the Waqf, leaving defendants 1 to 3 as his male issues.