SYEDA BIBI Vs. MUGHAL JAN

JUDGEMENT

(1.) This is an appeal from a decree of the Subordinate Judge of Jaunpur in a suit brought by the plaintiff for the recovery of the property of the late Syed Hasan Ali by right of inheritance, and for a declaration that a waqf-namah of the 27 of August, 1886, was invalid, and in-effectual according to Shia law.

(2.) Syed Hasan Ali, who belonged to the Shia sect of Muhammadans, on the 27th of August, 1886, executed the deed which has given rise to this litigation. In it, after a recital of the uncertainty of life, the executant, "with a view to earn merit in the next world and to benefit the persons mentioned in this document," made a perpetual waqf "for charitable purposes, and to benefit the persons mentioned" in the document according to the Muhammadan law of the Imamia sect of the whole of his movable and immovable property, with the exception of some small portions of property which he specified, subject to the conditions and details which follow.

(3.) The deed then provides in paragraph 1 that from the date of its execution his wife, the defendant Mughal Jan, shall be mutawalli, and that after her death certain members of the family expressly mentioned, and after them the eldest member of the family from generation to generation should be mutawallis. In paragraph 2 there is a declaration that Mughal Jan shall receive during her life the profits of the properties, after deducting the expenses mentioned in paragraphs 3, 4, 5, 6, 7 and 8, and other expenses, connected with the management, &c., of the waqf properties, and (3) that after her Syed Aulad Husain, Syed Sarfaraz Husain and Syed Asghar Husain, his nephews, shall receive the profits after deduction of expenses, and that when any of these persons or their male descendants how low so ever, are no longer in existence, the entire profits from the endowed property shall be spent in good deeds and proper charities. Then in paragraphs 3, 4, 5, and 8, provision is made for defraying out of the income of the property the following expenses, viz.- (1)The expenses of majlis as the appropriator used to do. (2) The expenses of a mosque situate near his house. (3) The expense of constructing a well. (4) The feeding of travellers. (5) The expenses upon his death of holding majlis, recitation of Quran and feeding poor persons.