( 1 ) THE facts in this case are as follows :

( 2 ) THERE is a Muslim Shrine located at Mirza Bazar in the town of Midnapur, stated to be the 'majar Sharaf or tomb of a Peer or a Muslim Divine of the name of Syed Shah All Abdul Quader alias Syed Shah Morshed All. He and his family are for generations the spiritual preceptors of a Muslim religious order and have numerous disciples in India and Pakistan. Haz-rat Moulana Syed Shah irshad All Al Quadari, since deceased (hereinafter referred to as the 'hazrat Sahib') was a direct descendant of the Peer of Midnapore and was the Sajjadanashin of the said order.

( 3 ) TWO members of this order, Asraf Ali Khan Chaudhuri and Syed Abdus Salik, by two Deeds of Wakfs dated 9-5-1931 and 24-8-1933, respectively, created a wakf of premises No. 23 Khanka Shariff Lane, formerly known as 23 Gardner Lane, for the purpose of upkeep and maintenance of the holy shrine at Midnapur. Hazrat Sahib was to be the first mutwalli of the wakf and on his demise his male descendant who would be the Sajjadanashin of the said order was to be the mutwalli of this wakf. The Hazrat Sahib was also the mutwalli of a masque or Khankha situated at No. 22 Khanka