Judgement

Appeal from a judgment and decree of the High Court (February 8, 1910) affirming the decree of the District Judge of Tanjore (April 23, 1906) which varied the decree of the Subordinate Judge of Negapatam.

The sole question in the appeal was whether a deed dated July 28, 1893, whereby two brothers, who were Mahomedans of the Hanafi sect, settled immovable property in trust to apply an indeterminate portion of the income to religious and charitable purposes, and to apply the residue of the income in

74 Law. Rep. 44 Ind. App. 21 ( 1916- 1917) Mutu Ramanadan C hettiar V. Vava Levvai Marakayar

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perpetuity for the benefit of the settlors family without power of alienation, was a valid wakf. The suit was instituted by the appellant, a judgment creditor of the settlors, against their heirs for a declaration that he was entitled to bring the land comprised in the deed to sale in execution. The respondents were the heirs of the settlors, the two first respondents being the trustees under the deed.

The terms of the deed and the circumstances of the case fully appear from the judgment of their Lordships.

The Subordinate Judge found that the annual value of the property was Rs.1500