SUBHAN ALI Vs. MTMAKHDOMULNISSA

JUDGEMENT

(1.) The sole question for determination in this second appeal is whether the waqf deed executed by Hidayat Ullah on 16 September 1919 is a valid waqf deed under the provisions of the Mussalman Waqf Validating Act, (6;VI. of 1913). Both the Courts below have held it to be a valid waqf deed. I agree with their view.

(2.) Under this deed Hidayat Ullah abdicated the property detailed therein to God, subject to certain conditions for obtaining spiritual benefit. The conditions provided that the income from the property would be spent in the first instance 1 on the expenses of Girhwin sharif Fatiah and milad and the balance after defraying the expenses on these items would be divisible among the beneficiaries. In the earlier part of the waqf deed it was mentioned that half the income of the property would go to his elder daughter for the expenses of herself and her children and the other half of the income would similarly go to the second daughter for smilar purposes. Lastly, the deed provided that no interference of any kind would be permissible in connection with the expenses on charitable purposes.

(3.) The deed makes it clear and it has been so observed in the judgments of the Courts below that there is no express provision in this waqf deed to the effect that the balance of income after meeting the expenses on the specified religious and charitable objects would ultimately be utilised for religious, pious or charitable purposes of any permanent character. The two Courts, however, held that impliedly the deed provides for such expenditure of the balance, and I agree with this interpretation of the deed.