JUDGMENT

Rankin, C.J. - In 1876 Shaikh Jummon Mistry, by a registered deed or towliatnama, made wakf of certain properties specified in the schedule thereto and laid down the rules and objects of the wakf. He stated that he had built a mosque on certain land and he dedicated other land for the purpose of a public burial ground. The main object of the wakf was the maintenance and. preservation of the mosque and burial ground and the income to arise from the dedicated properties was estimated at Rs. 1,360 per annum. The deed contains provisions for an annual expenditure upon certain specified objects-directly charitable of a sum of Rs. 285 apart from the allowance given to the mutwallis of the wakf. By the deed Jummon Mistry appointed himself and his second wife, Sm. Sundan Bibi, to be the first mutwallis and an allowance was provided for himself of Rs. 30 per month and for his wife of Rs. 40 per month. The deed further provided that after Jummon's death his son Umar Ali was not to be mutwalli but was to get monthly allowance of Rs. 30 per month for lifetime from the wakf property. It seems that Sm. Sundan Bibi was much younger than her husband and the deed contained elaborate provisi