NAGENDRA PRASAD SINGH, J.

1. The petitioners in these two writ applications challenge the authority of the Bihar State Shia Wakf Board, established under Section 9 of the Wakf Act, 1954 (Act No. 29 of 1954) - hereinafter referred to as the "1954 Act" - to interfere with the administration, management and affairs of Hasan Imam Wakf Estate, on the ground, inter alia, that the provisions of the 1954 Act are not applicable to the said estate. The petitioner in C. W. J. C. No. 258 is the daughter and the petitioner in C. W. J. C. No. 289 is the son of the said Mr. Hasan Imam. These two writ applications have therefore, been heard together, with the consent of the parties, as common questions of law and fact are involved in them and this judgment will govern them both.

2. On the 28th April, 1931, the said Mr. Hasan Imam executed a deed of Wakf-alal-aulad in respect of his properties, and Mrs. Nattie Imam was the sole Mutawalli of the 16 annas estate. In the different clauses of the said deed it has been indicated as to how one after the other the different family members of Mr. Hasan Imam were to be the Mutawallis. In the event of his line becoming extinct, the ultimate benefit w