The dominant intention behind the wakfnamahs was for the preservation and augmentation of family property and the perpetuation of family name and fame, rather than for pious, religious, or charitable purposes.

JUDGMENT

Akram, J. - These two connected Appeals Nos. 80 and 38 of 1939 arise out of a suit for the possession of a 1/3rd share in the properties mentioned in the schedules to the plaint upon a declaration that the two wakfnamahs Exs. 1 and 1 (a) executed by one Dewan Ganiur Reza Choudhury on 17th July 1930 and 24th September 1930, respectively were void and inoperative and that plaintiff 1 was entitled to the aforesaid share as an heir under the Mahomedan law of inheritance and to recover mesne profits; the other plaintiffs 2 to 75 claimed to be the lessees of some of the properties under plaintiff 1 but subsequently failed to prove their leases. Defendant 1, the mutwalli contended that Exs. 1 and 1 (a) were valid deeds of wakf while defendant 2 (son of defendant 1) asserted that certain 'purchases made by him of the wakf properties were in good faith and for valid consideration and supported defendant 1; defendants 3 to 9, the recipients of certain allowances under the wakf, also sided with defendant 1; defendants 10 and 11 however joined plaintiff 1 in impugning the validity of the wakfs. The relationship of plaintiff 1 and the defendants appears from the genealogical table set out at p. 367 of the paper book in Appeal No. 38 and it is not necessary to restate the same here or to set out in detail the facts of the case or the contentions of the respective parties as the scope of the appeals before us is of a very limited character.

2. The trial Court decreed the claim of plaintiff 1 except the claim in respect of mesne profits as against defendants 1 to 9 and defendants 1 and 2 thereupon preferred the present appeals--Appeal No. 80 being the appeal of defendant 1 and Appeal No. 38 the appeal of defendant 2. Defendants 10 and 11 filed cross-objections in Appeal No. 38 and plaintiff 1 filed cross-objections in Appeal No. 80. In Appeal NO. 80 of 1939, the points urged on behalf of defendant 1 were (1) that the Court below ought to have held that the two wakfnamahs were legal and valid documents; (2) that in any case it should have held that the provisions for allowances etc., in the wakfnamahs were in the nature of a trust and should have given effect to the same, (3) that the properties should at least have been charged by ascertaining the proper sum out of the income of one or two annas mentioned in Exs. 1 and 1 (a) for meeting expenses upon objects which may be considered to be proper and lawful objects of wakfs after separating the same from those which may be regarded as unlawful under the Mahomedan law. The wakfnamahs have been placed before us and we have looked into them with some degree of care. In Ex. 1 the purpose of the wakf is stated as follows:

None among my heirs is fit to manage the zamindari. I do not expect that my properties will be preserved by them in future. For the purpose of keeping intact and undamaged all my properties and the good name and fame of my ancestors, now and in future, I willingly and being in perfect senses and independent opinion dedicate as wakf for pious and noble purposes under the terms mentioned below etc., etc.

Under the deed defendant 1 is appointed mutwalli and is directed as "bound in every way and always to act according to the rules laid down below": Certain allowances are fixed and provision is made for their disposal upon the death of the recipients; "from the income of the one anna share" of the wakf lands it is directed

that the expenses of sinnis (offerings of food) ziarats, offering of lights, readings of the koran, cleaning of the graves of any forefathers keeping them neat and making them pucca and giving lights thereon shall be paid; besides these from the said income Musjid will have to be built and help will have to be given to poor relatives and to the blind and indigent persons.

It is further provided therein that for the debts of the wakf

the mutwalli, for the benefit of the wakf estate, will be entitled, at his own will, to sell any lands out of the properties constitu