JUDGMENT

1. This is an appeal by the plaintiff in a suit for a declaration that the mortgage by defendant No. 2 of the properties in suit to defendant No. 1 is void and not enforceable against Waqf estate, of which defendant No. 2 is the Mutwalli. One Kamal Sharif executed a Wakfnama on the 4th November, 1892, and appointed his two sons by his two wives as Mutwallis in respect of his Waqf properties which were divided into two parts, each Mutwalli holding one half. The defendant No. 2 was thus the Mutwalli of one half of the Waqf properties in which the plaintiff and some other defendants were beneficiaries. Defendant No. 2 mortgaged the Waqf properties to one Sasi on the 11th August, 1906. On the 31st May, 1911, he mortgaged the same properties to one Kazi and out of the consideration for this mortgage he liquidated the first mortgage. On the 13th February, 1914 he mortgaged, the Waqf properties for the third time for Rs. 3,000 to defendant No. 1 and paid off the second mortgage. It is beyond controversy that a Mutwalli has no power under the Muhammadan Law to mortgage or transfer the Waqf property or any portion of it without the leave of the Kazi or the Court. Such a transfer is