JUDGEMENT

Appeal (No. 68 of 1930) from a decree of the High Court (January 16, 1928) which modified and in part reversed a decree of the Subordinate Judge of Patna (July 31, 1922).

The action out of which this appeal arose was brought on January 9, 1920, by the present respondent, Syed Akbar Ali Khan, one of the two surviving brothers of the settlor, for (inter alia) a declaration that a wakf deed executed by the settlor, dated May 25, 1917, was invalid and did not in law operate as a dedication of the properties comprised therein, and that he (the plaintiff) was entitled to possession of a third share of the properties by inheritance from his brother, the settlor, who died on March 19, 1919. The appellant, who was the first defendant in the suit, was by the terms of the deed appointed to be sole mutwalli on the death of the settlor.

The main question for determination in this appeal was whether the wakf deed, and a supplementary deed, dated February 15, 1919, were valid and operative documents according to Shia law, by which the parties to the suit were governed.

The facts and the material provisions of the wakf deed appear from the judgment of the Judicial Committee.

The Subordin