Judgement

Appeal (No. 21 of 1926) from a decree of the High Court (July 24, 1923) affirming a decree of the Subordinate Judge of Amritsar.

The suit was brought by the respondent against the appellants for a declaration that certain properties dealt with in a wakfnama dated March 15, 1907, were wakf, and consequently not liable to attachment and sale in execution.

The facts appear from the judgment of the Judicial Committee.

The Subordinate Judge decreed the suit, and that decree was affirmed on appeal to the High Court (Zapar Ali and Harrison JJ.).

1927. May 16. Sir George Lowndes K.C. and Dube for the appellants.

De Gruyther K.C. and Parikh for the respondents.

Reference was made to the eases mentioned in the judgment.

June 23. The judgment of their Lordships was delivered by

SIR JOHN WALLIS. On March 16, 1907, the late Mian Muhammed Bakhsh executed a wakfnama or a deed of wakf, by which he purported to dedicate all his remaining properties to charity subject to certain provisions for his own mainten ance and the maintenance of the people who had claims on him. He died within the year, on January 15, 1908, and thereupon his son Nasir-ud-Din took possession of the properties, succe