JUDGMENT

Jack, J. - This rule was issued on the opposite party to show cause why this Court should not set aside the dismissal on a preliminary point of the petitioner's application for an order on the opposite party to file accounts under S, 3, Mussalman Wakf Act 42 of 1923. The preliminary point raised was that Act 42 of 1923 is not applicable to this wakf inasmuch as it is a wakf of the nature described in Section 3, Wakf Validating Act 6 of 1913, and is thus excluded from the operation of Act 42 of 1923 by Section 2(e) of the Act. Some of the terms of the wakf are as follows: (1) as long as the founders live they shall appropriate one-third of the proceeds of the wakf properties themselves, and apply two-thirds to other charities; (2) after their death two-thirds of the proceeds of the wakf properties shall be enjoyed by their children and the remaining one-third should go to meet the charities; and (3) in the event of non-existence of any child begotten by the founders, such a person from among their relatives as may be most nearly related to them shall be appointed mutwalli and shall get Rs. 10 a month as a salary, shall live in their dwelling house and shall appropriate the b