JUDGMENT

1. The substantial question, involved in this appeal is whether in view of the nature of the dedication in a wakf, the trust created by the same was for a public purpose of a charitable or religious nature, so as to attract the operation of Section 3, Charitable and Religious Trusts Act (14 of 1920). One Munshi Mahamad Manwar Mia executed a wakfnama on 25th Baisakh, 1284 B.S. which contained provisions to the following effect:

Hence I of my own accord create the wakf (dedicated in the name of the God) i.e. create the same as wakf for ever in respect of properties mentioned in the sub-joined Sch. 1 the sadar jama of which and the names of the Mouza of which are stated below. There is a brick-built mosque established by me in my own family dwelling house in Mouza Keroa and I have personally established a second brick-built mosque in the southern portion of the Munshirhat in village Char Matua where my father used to live. The Jumma and Panchagana Namaj (five daily prayers) and the Khatantorapi and the Torapi of the holy Ramjan Sharif are being read all along in the said mosque for spiritual benefit of the deceased persons and travellers and wayfarers and other persons who happ