Narasimham, J.

1. This is an appeal from the judgment of a Single Judge of this Court reversing the concurrent decisions of the two lower courts and dismissing the appellants (plaintiffs) suit for declaration of title and recovery of possession of certain property which has been claimed to be waqf property. The following genealogical tree will be helpful in appreciating the case of the parties:

Waris Ali

|

Abdul Rahman = Most. Hazra

|

_____________________________

| |

Ataur Rahman Fazlur Rahman (dead)

= Bibi Kulsum

______________________________

| | |

Anisul Rahman Nasir Ahmad Sultan Ahmad

2. The waqf was founded by Saiyid Waris Ali by a deed of waqf dated the 20th August, 1920, dedicating the disputed property as a burial ground for the members of his family and for other charitable purposes. He constituted himself as the first Mutwalli and further directed that after his death his grandsons Ata