Judgement

Appeal and Cross-Appeal (No. 116 of 1930) from a decree of the Chief Court of Oudh in its appellate jurisdiction (April 22, 1929) varying a decree of that Court in its original jurisdiction (September 5, 1927).

The suit related to four properties held by Sir Fateh Ali Khan, K.C.I.E., a Shia Mahomedan, who died in 1923. The properties were the taluqdari estate Nawabganj in Oudh, and three properties in the Punjab known as Juliana (or Musalla), Rakh Khamba (or Ali Razabad), and Khalikabad. Upon the death of Sir Fateh in 1923 his eldest son, Nisar Ali Khan (appellant in the first appeal), took possession of all four properties. In 1925 Mohammad Ali Khan (the respondent in the first appeal) brought the present suit in the Chief Court of Oudh against Nisar Ali Khan. He claimed the properties other than Khalikabad under wills made by his father Nasir Ali Khan, who died in 1896, or alternatively as his fathers heir. With regard to Khalikabad, which his father had included in a deed of wakf made in 1890, the plaintiff claimed to be mutawalli.

The facts, including the terms of the wills, appear from the judgment of the Judicial Committee.

The trial judge (Pullan J.) made a declara