Judgement

Appeal (No. 26 of 1925) from a decree of the High Court (March 13, 1923), reversing a decree of the Subordinate Judge of Bhagalpur (November 28, 1918).

The suit was instituted by the three first respondents to set aside deeds of wakf executed by one Musammat Asmatunnissa on February 15, 1882, and December 7, 1897, and to recover the property thereby dealt with, on the ground that the first respondent was heir thereto ; the other plaintiff-appellants were assignees from her. The parties were Shia Mahomedans.

The facts appear fully from the judgment of the Judicial Committee.

The Subordinate Judge dismissed the suit on the ground that it was barred by the Indian Limitation Act, 1908, Sch. I, art.91, and on the ground that it was not established that the first respondent was heir.

The decision was reversed on appeal to the High Court. Das J. (with whose judgment Adami J. concurred) held that art. 91 did not apply, as the case made was that the wakfnamas were void, not merely voidable; he held that the first respondent had established that she was heir and that the wakfs were invalid since they had not been perfected by possession being given. A decree for possession was made