ALI KHAN Vs. NAWAB MUHAMMAD MUSHTAQ HUSAIN

JUDGEMENT

(1.) This is the defendants appeal in a suit for possession of immoveable property, which has been decreed to the plaintiffs by the Court below.

(2.) The plaintiffs are five Muhammadan gentlemen and their case is as follows:-- That Nawab Rukn-ud-Danla Muhammad Azmat Ali Khan was the owner of a large estate lying partly in the Punjab and partly in the Muzaffarnagar District of these Provinces, including the properties claimed; that the Nawab created a waqf of the aforesaid properties under a deed dated 25th August 1908 and registered on 1st September 1908; that he appointed himself the first mutawalli and remained in possession as such up to the date of his death on 26th December 1908; that in his lifetime on 9th November 1908, he executed a document, designated therein a "trusteenamah," framing rules for the management of the trust property and nominating six gentlemen to succeed him as trustees on his death; that four of these are among the plaintiffs; that one of them has died and the second plaintiff has been appointed in his place under the rules framed by the Nawab; and another has resigned and so far no one has been appointed in his place; that on the death of the Nawab the two defendants, denying the waqf, took possession of the waqf property and certain cash (the proceeds of the said property) and all papers connected therewith. The plaintiffs, therefore, ask for possession of the waqf property as mutawallis, possession of the papers connected therewith (account-books, etc.), Rs. 4,715-6-11, the cash alleged to have been appropriated by the defendants, and mesne profits, past and future.

(3.) The defendants have contested the claim on various grounds to which we deem it unnecessary to refer at present, as most of them have been repeated in the appeal before us.