Judgment

KAPUR, J. : This is a petition by six persons under Art. 32 of the Constitution praying for a writ of certiorari for calling the records in which certain orders were passed and for the issue of a mandamus directing the respondents to restore the property in dispute. The following pedigree table will assist in understanding the case :

2. The petitioners alleged that the properties in dispute were acquired by Noori Mian and after his death there was some litigation but as a result of a compromise between the members of the family the shares of the contestants were fixed as follows :

(a) Rehmat Bibi, Widow ... ... 0-1-6

(b) Taghma Bibi ... ... ... 0-1-5

(c) Khatoon Bibi ... ... ... 0-1-9

(d) Azimunnissa ... ... ... 0-1-9

(e) Shakrullah ... ... ... 0-5-4

(f) Khuda Baksh ... ... ... 0-4-3

3. On August 28, 1942, Shakru-ullah created a waqf-alal-aulad in favour of his sons and nominated Abdul Razzaq as Mutwali (Trustee). Shukr-ullah died in 1945. In the year 1947, Khatoon Bibi, one of the petitioners, went away to Karachi and the ostensible reason stated by her is that she went to look after the ailing sister of her husband who was in Karachi.

4. On November 22, 1949, a notice was is