Judgement

Appeal (No. 28 of 1921) from a judgment and decree of the High Court (June 6, 1919) reversing a decree of the Subordinate Judge of Dacca.

The suit was brought by the present appellants against the deceased respondent (the legal representative of Ahsanullah, deceased) and others, to recover about Rs.46,000 as arrears of certain allowances claimed by them under two agreements of 1881. The circumstances in which the suit was brought appear from the judgment of the Judicial Committee.

The plaintiffs by their plaint pleaded the validity of wakfs of 1846 and 1868, and of agreements of 1881, and the invalidity of a heba bilwaz of 1895 ; the purport of those documents appears from the judgment. They stated that the cause of action arose during their minority and that consequently the suit was not barred by limitation. In the written statement of defence it was pleaded (inter alia) that the properties included in the wakf deed of 1868 were pro perties belonging to Abdul Gani; that the wakf deed was invalid ; that the allowances referred to in the agreement of 1881 were personal only and the plaintiffs had not then been born and were not entitled to sue on the agreement and had no