ASSOOBAI Vs. NOORBAI

JUDGEMENT

(1.) This is a suit brought by the plaintiffs as heirs and next-of-kin of one Yemnabai, deceased, to set aside a deed of trust executed by her on the 22nd day of July 1898, for their declaration of title to and possession of the properties comprised in that deed and for an account of the management thereof by the first defendant.

(2.) The deed of trust (Ex. No. I) is admitted in the plaint and is moreover proved by Mr. Captain, Solicitor, who prepared it under instructions from Yemnabai and attested it.

(3.) The plaintiffs, however, allege that it is null and void on two grounds :-(1) that Yemnabai did not at any time during her life-time act as trustee thereof but on the contrary continued to treat the properties comprised in the deed as her own and disposed of the income thereof at her pleasure without any reference whatever to the said deed of trust and (2) that there was no complete appropriation of the properties to charitable According to the Mahomedan law of wakf the appropriation and dedication in favour of charity must be at the time such appropriation or dedication is made so complete that it should not be in the power of the donor or settlor to recall it ever afterwards. It should be such that no proprietary interest is reserved by the settlor and the property is effectually and once for all dedicated to charity and constituted chanty property leaving no power to the settlor to recall the trust and regain the ownership.purposes as required by the same law as an essentialfcondition of a valid wakf.