Sir John Beaumont.-

This is an appeal from a judgment and decree of the High Court of Judicature at Fort William in Bengal, dated 28th May 1941 confirming a decree of the First Class Subordinate Judge, 24 Parganas Alipore, dated 31st May 1934.

2. Respondent No. 1 (hereafter referred to as 'the plaintiff') instituted this suit on 18th July 1931, claiming a declaration of title to the property in suit Nos. 2 2/1, 2/2, and 3, Rowland Road, Calcutta and possession of the premises other than No. 2/2 Rowland Road, of which the plaintiff was already in possession. The present appellant was the first defendant, and he claimed that the property in suit was wakf property, and that he was the Mutwalli of the wakf estates having been appointed to that position by the will of Abdul Alim Abed (who will be referred to hereafter as "Abed") the alleged former Mutwalli. The second respondent was the second defendant, and claimed to be in possession under a lease granted by the first defendant of the premises of which the plaintiff sought possession.

3. The facts giving rise to this appeal are these : On 28th January 1876, Juman Mistry, a Mohammedan inhabitant of Calcutta, executed a Towliatnama (deed o