JUDGMENT

Lort-Williams, J. - On 29th December 1920 a Bengali kabala or deed of sale to Akhilchandra Pal was executed by Chand Bibi, Alifjan Bibi, Sheikh Badruddin and Mahabunnessa Bibi, which stated inter alia as follows: That, in 1892, one Nawabjan executed a deed of wakf in respect of certain properties; that, on 1st May 1914, Alifjan Bibi as mutawalli mortgaged the properties, including the scheduled properties, to Haripada Ray and subsequently sold some of them to pay off part of the mortgage debt; that, in 1919, Badruddin, one of the heirs of Nawabjan, filed a suit for partition of the whole property left by Nawabjan including the wakf property, which suit was decreed on 11th June, that

We have all agreed to repay the debt of the said Haripada Ray. We have also admitted that certain properties were sold for the repayment of the said debt.

2. That by the decree the executants obtained an 11 annas share, and one Izatunnessa Bibi a 5-annas share in certain property, including the property covered by the deed of sale; that about Rs. 4,000 was still due on the mortgage, of which Rs. 2,700 was the share payable by the executants, and Rs. 1,300 by Izatunnessa; that Haripada was not wil