These Second Appeals have been filed by the plaintiff in two suits O.S. No. 308 of 1960 and O.S. No. 716 of 1960, which were tried together by the learned District Munsif of Vellore. The suit, O.S. No. 716 of 1960 concerns a wakf deed dated 7th October, 1940 (Exhibit A-32) executed by one Rukhia Bi Sahiba, and the suit, O.S. No. 308 of 1960 concerns another wakf deed (Exhibit A-22) dated 4th August, 1941, executed by her. The Wakf Board constituted under the Wakfs Act (XXIX of 1954), notified them as wakfs under the Act The plaintiff brought the suits for a 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.

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

Exhibit-A 32, dated 7th October, 1940.

“ I executed a wakf deed on 5th May, 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 out of the income of the said properties. After him his decendants shall hereditarily conduct the above affairs. In case he has no descendants, his elder sister Abibunniss’s descendants shall manage. If the above two have no heirs, Mahboob Begum Sahib 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 the 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 hither to doing and payment of not more than Rs. 10 per month for the Pesh Imam of the mosque and reading 01 Koran ;

(2) Performance of Gurubali with sacrifice of one goat in the month of Bakrid every year in the name 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 4th August, 1941.

DEED OF WAKF.

“ I shall be 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 the income from the properties and conduct theundermentioned charities. If he has no issues, his elder sister Habibunnisa Sahiba or her descendantsshall receive and enjoy the income from the undermentioned properties and out of the income do theundermentioned charities, that is to say, in accordance with the family custom, barisia and fathia(annual ceremony) of my father. Abdul Khader Sahib, and also feed a traveller every day. The persons mentioned by me and their descendants shall conduct the charities from out of the income ; otherwise they will not be entitled to alienat