Order

Leave granted in SLP (C) No. 1638/81.

2. This appeal by special leave arises from the judgment of the Division Bench of the Allahabad High Court, made on March 14, 1980 in First Appeal No. 399/62 and 28/64. The Nawab Sir Mohammad Yusuf of Jaunpur had executed Wakfnama of April 5, 1956 and he died on May 3, 1956. The appellant-Zubeda Begum, his widow filed the suit for cancellation of the Wakf-nama and for possession of the properties with a declaration that she is entitled to the compensation to the extent of 1/4th share of the properties given in the list. The trial Court partly decreed the suit. On appeal, the High Court dismissed the suit. Thus, this appeal by special leave.

3. The main controversy is with regard to the validity of the Wakf-nama created by Nawab Sir Mohd. Yusuf which reads as under:

"I, Nawab Mohammad Yusuf, son of Nawab Abdul Majid Saheb, resident of Mohalla Alam, Post Office Sadar Jaunpur City.

Whereas I am a follower of Hanfi Sunnet Ul Jammat of Islam and whereas it is obligatory on every person that he should make arrangement by which charity and arms may continue to be given and dependent may also be looked after. The properties me