Judgement

Appeal (No. 55 of 1930) from a decree of the High Court (March 19, 1929) reversing a decree of the Subordinate Judge of Pilibhit (July 6, 1925).

Respondent No. 1, as one of the mutawallis under a wakfnama executed on June 26, 1913, by Rahim Bibi, sued after her death for a declaration that a one-third share in two villages was property dedicated by the deed, and that a sale thereof to the appellants by Rahim Bibi consequently was invalid. The defendants were the appellants, the heirs of Rahim Bibi, also the other mutawallis, who were joined as pro forma defendants.

The facts are stated in the judgment of the Judicial Committee.

The trial judge dismissed the suit. The learned judges who heard an appeal having differed in opinion, there was a reference to a Full Bench. As the result of the opinion of the Full Bench (Kendall and Mukerji JJ., Niamat-ullah J. dissenting) the appeal was allowed, and a decree was made as prayed by the plaintiff. The views of the learned judges appear shortly from the present judgment. The hearing by the Full Bench is reported at [ 1929] All. L. J. 620.

1932. Dec. 2, 5. Dunne K.C. and Wallach for the appellants. The terms of the deed show that th