AHASANULLA Vs. NEJABATALI

JUDGEMENT

(1.) This appeal arises out of a suit for establishment of title to and recovery of possession of certain properties and also for accounts. The plaintiff being unsuccessful in both the Courts below have preferred this second appeal.

(2.) Abdul Azim and Abdul Gani were two brothers. Abdul Gani died in 1318 B.S. leaving two sons, Makram Ali and Nizamat Ali, the latter having been defendant 1 in the suit and he having died his heirs were substituted in his place. Abdul Azim had two daughters whose names were Kali Bibi and Choto Bibi. The plaintiff claims that he and the pro forma defendant Lal Bibi were the son and the daughter of Abdul Azim by his second wife Najibannessa. Abdul Azim died in 1328 B. S.

(3.) In 1295 Abdul Gani and his wife and Abdul Azim made a wakf in respect of their properties, providing that the sons of Abdul Gani and their heirs were to be mutwallis. On the death of Abdul Gani in 1318, Makram Ali instituted a suit in 1914 for a declaration that the wakfnama was invalid and for establishment of his title by inheritance to an eight-anna share of the properties left by his father. This suit was disposed of in 1919, the wakfnama being declared invalid, and amongst other declarations made it was declared that the properties mentioned in Schedule Ka and Kha of the plaint and some other properties were the properties of Abdul Azim. The plaintiff alleged in his plaint that after his decision Abdul Azim demanded possession of all his properties till his death in 1328 B.S.