BELI RAM Vs. CHAUDRI MOHAMMAD AFZAL

JUDGEMENT

(1.) This is an appeal from a judgment and decree of the High Court of Judicature at Lahore dated 29 - 1 - 1945, which reversed a judgment and decree of the Court of the Senior Subordinate Judge, Lahore, dated 31 - 1 - 1942.

(2.) The question in the appeal relates to the validity of a deed of wakf or wakfnama, executed on 29 - 10 - 1917, by Ghulam Rasul. The respondents 1 - 4, the plaintiffs in the suit out of which this appeal arises, are descendants of the wakif and claim a declaration that the wakf is valid and that alienations of the wakf property made by the wakif, and after his death by his sons, are null and void. The appellants, defendants in the suit, claim under such alienations or some of them.

(3.) The questions which arise for decision are: 1. Whether the present suit is barred by res judicata under S. 11, Civil P. C.? 2. If not, whether the deed of wakf of 29 - 10 - 1917, was an effective dedication of the property comprised therein as wakf, or was a mere paper transaction never intended to be acted upon? 3. If the deed of wakf was intended to be an effective dedication to wakf, whether on its true construction it is bad in law? 4. Whether the suit is barred by limitation?