Judgement

Appeal (No. 67 of 1946) from a judgment and decree of the High Court (July 12, 1944) which affirmed a judgment and decree of the Commercial Subordinate Judge, First Class, Delhi (June 28, 1941).

The following facts are taken from the judgment of the Judicial Committee. In the year 18S5 one Sheik Mohammad Taqi made a will by which, so far as relevant, he gave one-third of his property in charity and appointed Qutab-ud-Din as his executor. In or about the year 1872 Qutab-ud-Din received a sum of Rs. 1,66,683-3-8 on account of the share of the estate of Sheikh Mohammad Taqi given in charity, and their Lordships of the Board thought, in agreement with the High Court in India, that Qutab-ud-Din was in possession of that property as mutwalli of a wakf. On April 17, 1874, Qutab-ud-Din made a will in which he stated that he was the manager of an Institu tion created for religious purposes by the said Sheik Mohammad Taqi and he executed his will in favour of his three sons, Abdul Ghani, Mohammad Shafi and the appellant, Abdul Razaq, with the idea that the entire business of the Institution should continue and subsist after his death. He then admitted that he was in possession of i