This is a petition for leave to appeal to the Supreme Court from the judgment and decree of this Court in Appeal Suit No. 138 of 1961, to which one of us was a party which reversed the judgment and decree of the City Civil Court in O.S. No. 2292 of 1959.

This petition arises out of a suit filed by the first respondent herein for a declaration that he was entitled along with the petitioner herein to manage the wakf properties created by one Magdoom Mohamed Maraicayar, the maternal uncle of the petitioner herein. The founder of the said wakf, Magdoom Mohamed Maraicayar created a wakf alal aulad or family wakf by a registered deed dated 27th August, 1924, appointing himself as the first Muthawalli, and after his lifetime, appointing the father of the first respondent and the father of the petitioner as joint Muthawall is. The deed also provided that if one of the Muthawallis died, the other should function, singly. It further provided according to the first defendant, that, after the death of the two joint Muthawallis, the eldest of the male issues of the aforesaid Muthawallis should alone be Muthawalli. The contention of the petitioner was that, after the death of the