JUDGMENT

B.K. Mukherjea, J. - This appeal is on behalf of defendants 2 and 3 in a suit commenced by the plaintiffs u/s 92, Civil P.C. The suit relates to certain immovable properties situated at Rai Sahib Bazar in the town of Dacca, with regard to which he alleged one Khidir Buksh Khansama to have made a wakf for the upkeep of a mosque built. The plaintiffs are the members of the Mahomedan public who are interested in the mosque, two of them being the brother's grandsons of Khidir Buksh, and the suit was commenced with the sanction of the Collector of Dacca as contemplated by Section 98, Civil P.C. According to the plaintiffs the wakf was created by a towliatnama executed by Khidir Buksh on 9th May 1851, by which the properties specified in sch. A of the plaint were dedicated to the mosque which is itself described as property No. 1 of Sch. B. Another person named Miran who lived in the same locality is said to have dedicated a plot of land to the services of the same mosque by a deed executed on 25th June 1866, and this property has been described in Sch. C of the plaint. The defendants to the suit are three in number; defendant 1 is Akhtar Nabi, a daughter's son of Khidir Buksh wh