JUDGMENT

Ashutosh Mookerjee, J. - This is an appeal by the first two defendants in a suit instituted by the plaintiffs for a declaration that a wakf executed by the late Mahomed Elahi Buksh Sarkar on the 31st January 1915 is valid, that the first plaintiff is the duly appointed mutwalli thereof and that no title accrued to the seventh defendant under the conveyance executed in his favour by the first six defendants on the 11th April, 1916. The defendants resisted the claim upon every conceivable ground; the chief objections are indicated in the following three issues:

6. Was Elahi Buksh Sarkar at the date of execution of the wakfnama suffering from death-illness? Was he physically and mentally incapable of executing the wakfnama when it is alleged to have been executed? Did Elahi Buksh Sarkar execute the wakfnama, if at all, with his free consent and with that of his hem?

7. Did Elahi Buksh Sarkar belong to Shafi sect of Muhammadan? If so, is the alleged wakf valid?

8. Is the wakfnama propounded by the plaintiff genuine and legally valid?

2. The Subordinate Judge has found in favour of the plaintiffs upon all the points in controversy and has decreed the suit. Upon the present appeal, h