D.L. MEHTA, J.—These two appeals arise out of the judgment and decree dated 28th October. 1976 passed by the learned District Judge, Ajmer in Civil Suit No. 18/73. Plaintiff Dargah Committee instituted a suit against the defendants and prayed therein that the plaintiff Dargah Committee may be declared as the Manager and Mutwalli of the Wakf properties after the death of Mumtaz Begam. A further declaration was sought that it may be declared that the defen-dant No, 1 is not owner of the property No. 5. Decree was also sought against the defendant No. 2 in respect of the properties No, 1 to 5. A decree for rendition of account was also sought for. In para 4 of the plaint it has been mentioned that in the light of the Government deed, Ex. I, the line of succession is as under:—

(a) After the death of Shri Mohd, Ali his eldest son was to act as Manager, Mutwalli, after his son it would devolve on his lineal descendants,

(b) In absence of a son, his wife Smt Sher Bano was to act as Manager, Mutwalli

(c) After the death of Smt. Sher Bano her daughter Smt, Mumtaz Begam alias Eallo was to be Manager, Mutwalli,

(d) After the death of Smt, Mumtaz Begam her eldest son and his lineal descendants we

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