JUDGMENT

UNTWALIA, J.:— This is an appeal by Special Leave. Bibi Siddique Fatima, the appellant, was the plaintiff in Suit No. 86 of 1952 filed in the Court of the Civil Judge at Aligarh, in which the defendant was Saiyed Mohammad Hasan. He was the sole respondent in this appeal also. He died during the pendency of the appeal and on his death his legal heirs and representatives were sub-stituted as respondents. For the sake of convenience hereinafter in this judgment by the respondent would be meant the original respondent.

2. One Smt. Sughra Begum was a Shia Muslim lady. She was a resident of Asgharabad in the District of Aligarh. She was possessed of vast Zamindari and other properties. On October 6, 1938, she created a waqf of the entire properties dividing them in three qurras. Raja Haji Saiyed Mohammad Mahmood Hasan was appointed by the waqifa as the Mutawalli of qurra No. 1. His brother was appointed the Mutawalli of the second qurra. The waqifa appointed herself the Mutawalli of the third qurra. The dispute in this case relates to a property concerning qurra No. 1. The Rajas first wife was Smt. Akbari Begum. She died in the year 1931 leaving behind four sons and six daughters