JUDGMENT

B.K. Mukherjea, J. - This is an appeal on behalf of the plaintiffs and it is directed against the decision of the Subordinate Judge, First Court, Chittagong, modifying that of the Munaif, Fourth Court of that place passed in O.S.S. No. 539 of 1934. The facts are not disputed and the controversy, so far as this appeal is concerned, centres round a short point of law.

2. The plaintiffs commenced this suit for a declaration that they were the mutwall is of certain wakf estate created by Hazi Abdul Ali Sowdagar and the properties described in the schedule to the plaiut were wakf properties. It was alleged that Laturi Bibi, the wife of the founder, who was the previous mutwalli had committed various acts of breach of trust by executing benami conveyances in respect of some of the wakf properties in favour of defendants 2, 3, 5 and 7 and not paying the revenue in respect of the touzi described in Schedule 8 which led to that property being sold for arrears of revenue. The plaintiffs prayed for a declaration that the defendants did not acquire any title to these properties which they purported to purchase and that the surplus sale proceeds in respect of the Schedule 8 property whic