JUDGEMENT :- These second appeals have been filed by the plaintiff in two suits; O.S. No. 309 of 1960 and O.S. No. 716 of 1960. which were tried together by the learned District Munsif, Vellore. The suit O.S. No. 716 of 1960 concerns a wakf deed dated 7-10-1940, Ex. A-32, executed by one Rukhia Bi Sahiba, and the suit, O.S. No. 309 of 1960, concerns another wakf deed, Ex. A-22, dated 1-8-1941, executed by her. The Wakf Board constituted under the Wakf Act, 29 of 1954, notified them as wakfs under the Act. The plaintiff brought the suits for declaration that the properties mentioned in the deeds are not wakf properties and not liable to be notified under the Act. His contention was that Rukhia Bi did not really intend these documents to come into force and that they were not also valid as wakfs. The learned District Munsif held against him on both these points and dismissed the suits. The appeal preferred by the plaintiff to the learned Subordinate Judge also failed. Hence, this further appeal.

2. Before proceeding further, it would be convenient to give a tree translation of the two deeds, in so far as they are material.

Ex. A-32 dated 7-10-1940 : "I executed a wakf deed on 5-5-1938, but I am not satisfied with it. Hence, I am cancelling that and executing this wakf deed. That is to say, I myself shall enjoy the income of the undermentioned properties valued at Rs. 2,000 for my lifetime and after my lifetime Mohamed Mahin Sahib (plaintiff), that is the "son of my elder brother Abdul Rahim Sahib shall conduct the following charities and other arrangements from and out of the income of the said properties. After him his descendants shall hereditarily conduct the above affairs. In case he has no descendants his elder sister Abibunnissa's descendants shall manage. If the above two have no heirs, Mahbooo Begum Sahiba and Asia Begum Sahiba and their descendants shall manage. That is to say, they shall take possession of the under mentioned properties and out of the income therefrom shall do charities and other affairs. None of the above persons shall be entitled to sell or alienate the above properties. The buildings mentioned below shall be rented out, and out of the income, the residue, after payment of Union taxes and repairs, shall be utilised for the following charities : (1) lighting of the mosque in Kaveripakkam, Kondapuram Road, as I have been hitherto doing, and payment of not more than Rs. 10 per month for the Pesh Imam of the mosque and reading of Koran; (2) performance of gurubali with sacrifice of one goat in the month of Bakrid every year in the mime of myself and my husband; (3) payment of Rs. 10 per month for each of two persons, Dadamian and his wife and Rs. 25 annually for their clothing; (4) If there is any residue left out of the income, the poor have to be fed once every year. I have only a right to enjoy the income of the following properties during my lifetime, otherwise I will not be entitled to alienate them."

Exhibit A-22, dated 4-8-1941 : Deed of Wakf :- "I shall he entitled to enjoy the income of the following properties, valued at Rs. 2,000 and after my lifetime, Mohamed Mahin Sahib (plaintiff), son of my elder brother Abdul Rahim Sahib, shall receive and enjoy the income from the below-mentioned properties and shall do the charities as specified below. After his lifetime his descendants shall enjoy tile income from the properties and conduct the undermentioned charities. If he has no issues, his elder sister Habibunnissa Sahiba or her descendants shall receive and enjoy the income from the undermentioned properties and out of the income do the undermentioned charities, that is to say, in accordance with the family custom, a barasia and tathia (annual ceremony) of my father, Abdul Khadar Sahib and also feed a traveller every day. The person mentioned by me and their descendants shall conduct the charities from out of the income. Otherwise, they will not be entitled to alienate the properties."

3. Rukhia Bi d

Click Here to Read the rest of this document