JUDGMENT

1. This Appeal arises out of a suit brought under sec. 92, C. P. C. The Plaintiffs alleged that the Defendant had misappropriated certain property dedicated for the up-keep of two mosques, and made several allegations of misconduct against him. They prayed that the Defendant might be removed from the matwaliship and a new matwali might be appointed, that a scheme might be framed for the proper discharge of the trust and for various other reliefs. The suit has been pending for a considerable time and several different proceedings have been prosecuted in it. The present appeal is against the decision of the District Judge refusing to order a certain agreement to be recorded under Or. 23, r. 3, and to pass a decree in accordance therewith. The ground on which the learned District Judge has refused to record this compromise is that this suit under sec. 92 cannot be lawfully compromised in this way, and the compromise arrived at is not a lawful agreement within the terms of Or. 23, r. 3.

2. The Defendant appeals, and it is argued on his behalf that it is not shown that this is a public endowment at all, and that if it is not a public endowment, the suit can certainly be compromis