(KHAJEH) HABIBULLAH SAHEB Vs. JANKI NATH ROY

JUDGEMENT

(1.) Theseare two appeals, an original and a cross-appeal against decrees of the High Court of Judicature at Fort William in Bengal, which modified decrees of the Subordinate Judge of Dacca.

(2.) They arise in the following way: On 8 May 1846, a large number of people purported to make their property the subject of a wakf, and for that purpose they declared that the first mutwalli should be one Abdul Gunny, and that the purpose of the wakf was that the proceeds of the land should be enjoyed first by the grantors themselves: "and then our descendants and children, generation after generation, then our relatives, and then the poor and destitute."

(3.) On 11 September 1868, Abdul Gunny purported to create another wakf of property of his own, and the purposes of this wakf are very closely the same as that in the former case, and do not need examination in order to ascertain if there be any difference.