Judgement

Appeal (No. 122 for 1921) from a judgment and decree of the High Court (March 26, 1920) reversing a decree of the Subordinate Judge of Howrah.

In 1894 Sheikh Abdur Rahim, deceased, dedicated certain property to wakf, the trusts being for the settlor for life, and after his decease to apply the income, after discharging rent and other outgoings, one-half to the worship at a certain mosque, and the other half to the heirs of the settlor of each degree, according to their shares by Mahomedan law. The settlor on his death was succeeded as mutawalli by his sister Nazir-un-nissa. On February 7, 1899, she and her surviving brother mortgaged the property by way of conditional sale to one Kedar Nath for purposes unconnected with the wakf. On the death of the mortgagee, which took place soon afterwards, litigation arose as to who was entitled to his property. Ultimately Sheo Prasad was found to be entitled, and in 1904 he brought a suit on the mortgage. On January 3, 1905, he obtained a preliminary decree for foreclosure and possession, and a final decree was passed in January, 1906. Meanwhile, on February 4, 1905, Sheo Prasad executed an assignment of the mortgage to the father of