SHEIK MAHOMED AHSANULLA CHOWDHRY Vs. AMARCHAND KUNDU

JUDGEMENT

(1.) THE Plaintiff in this suit, who is also the Appellant, is one of the sons of Sheik Ahsanulla Chowdhry; the second Defendant is another son; the first Defendant is a judgment creditor of the second Defendant, and in that character obtained an attachment against the property now in dispute. The Plaintiff contends that the property is wakf and that he is the mutwali, and that his brother has no interest therein which can be taken in execution. He accordingly made a claim in the execution proceedings, which on the 81st of December, 1881, was rejected by the Court on the ground that no genuine wakf had been created.

(2.) THE Plaintiff then brought the present suit. In his plaint he states that the properties mentioned in the schedule were owned by his father Ahmedulla, that Ahmedulla, by a wakfnama of the 5th of December, 1864, made a wakf of them, which ever since has continued in force; and that he and his brother are simply salaried servants, for the purpose of performing the work specified in the wakfnama. He prays for a declaration that the specified properties are wakf, and that the order of the 31st of December, ]881, may be set aside.

(3.) FROM that decree the Plaintiff appeals, and his appeal must be decided entirely by the construction put upon the deed.