Sir George Rankin:-

On 13th April 1918, one Mir Fida Husain, a Mussalman of the Asna-Ashari sect of the Shias died leaving him surviving a widow, six sons of whom two were minors, and three daughters of whom two were minors. The appellants are judgment-creditors of three of the sons-viz., Mohammad Askari Hasan Askari and Baqar Mehdi - who were all of full age at the date of their father's death. In execution of money decrees against these sons the appellants in 1928 attached certain of the properties left by Mir Fida Husain, in consequence whereof they were impleaded as defendants 1 and 2 in the suit out of which this appeal arises. This suit was brought on 17th October 1929, by two of Mir Fida Husain's daughters seeking to establish that the whole of the properties left by their father, including the properties attached by the appellants, were wakf property. The learned Subordinate Judge has held that the shares (in all thirteen twentieths) which would ordinarily be inherited by the widow, and by the four sons and one daughter who were of age at the time of their father's death, had become wakf property; but that the remaining seven twentieths were not included in the wakf. The Chi