KHAJEH SOLEHMAN QUADIR Vs. NAWAB SIR SALIMULLAH BAHADUR

JUDGEMENT

(1.) This is an appeal from a judgment and decree of the High Court of Judicature at Fort William in Bengal dated June 6, 1919, which reversed a judgment and decree of the Court of the Subordinate Judge of Dacca dated April 16, 1917. The facts giving rise to the dispute may be stated as follows :-

(2.) Early in the 19 century one Khajeh Abdullah, a Mahomedan trader of Dacca, died intestate, possessed of the property in dispute and leaving among other heirs four sons named Ahsanullah, Hafizullah, Abdul Azim and Abdul Karim.

(3.) On May 5, 1846, certain members of the family executed a deed whereby they purported to "make wakf of" certain family properties therein described for the benefit of themselves and their descendants generation after generation, and relatives and then for the poor and destitute; and they thereby appointed Abdul Gani (grandson of Ahsanullah) to be mutwali of the properties, and directed him to pay to the heirs of Hafizullah, Abdul Azim and Abdul Karim, certain monthly allowances mentioned in the schedule and to keep the balance in deposit. On September 11, 1868, Abdul Gani appointed his son Ahsanullah to be mutwali of this deed in his place.