Ramaswami, J.-This is an appeal preferred against the decree and judgment of the learned Subordinate Judge of Mayuram in O.S. No. 77 of 1951.

The facts are: Muhammad Abdul Kadir Malumiar created a private trust on 19th November, 1918, i.e., subsequent to the Mussulman Wakf Validating Act of 1913. The Wakf comprised of 12 acres 80 cents of land near Nagore, portion of a house bearing door No. 3 in Nagore Town, and cooking-vessels, etc., mentioned in wakf deed. The trust was created for the purpose of meeting the expenses of a Mouluth to be performed in the month of Rabiul-avul when 40 marakals of rice should be cooked and distributed to relatives, friends and the poor and another Mouluth to be performed in the Mohurram month of each year in the Hussainia Moulatkhana belonging to the settlor when 25 marakals of rice have to be cooked and distributed to poor Muslims. This poor feeding is a valid object of a wakf: Baillie (1) 550 ; Hidaya 240 ; Fatma Bibi v. Advocate-General of Bombay1, Asoobai v. Noorbai2, Kuttayan v. Ravuthan3. The vessels were for use on those occasions and it is provided that at the time of the Mouluths the entire house referred to above was to be vacated by the persons occupying the portion. The expenses have to be met from out of the income of the lands after paying the melwaram due to the Nagore Durgah. The wakf deed also provided that three-fourths of the net income from the lands was to be spent for the trust, but, in order to provide for the due performance of the trust, in years when there may be a failure of crops, a reserve fund was to be kept sufficient to enable the trust being performed for one year ; and, subject to the said provision being made for the regular performance of the charity every year, one-fourth of the income was to be distributed among the founder’s santhathi, male and female. The first defendant, the eldest son of the dedicator, and the second defendant, his son-in-law were constituted trustees, but after them or even during their lifetime, any santhathi of the settlor, who was a male, who was a proper person, and who was capable of performing the charity, could be the trustee. And, any trustee, who misconducted himself, could be removed from office, at the instance of a santhathi of the settlor. There are other terms prohibiting alienations and gifting of the wakf property and for building up of reserves. Thus this was a permanent dedication by a Muslim of properties partially for the maintenance and support of his family, children and descendants and for purposes recognised by Musalman Law, religious, pious or charitable. Syed Ahmed v. Juliha Bivi1, (Patanjali Sastri and Bell, JJ.) A.S. 92 of 1945 High Court (to which Govinda Menon, J., was party); Abdur Rahim v. Narayan Das2, Mahommed v. Amar Chand3, Abdul Fata v. Rasmaya4 Alima Ammal and others v. Mohammed Hussain Marcair and others5, (Govinda Menon and Chandra Reddi, JJ., dated 27th March, 1951, where a similar wakf by a Malumiar from East Tanjore came up for consideration).

This Abdul Kadir Malumiar so long as he was alive was carrying out the terms of the wakf deed. Subsequently after his death, according to the plaintiff, what happened was as follows: The first and the second defendants colluding with the sixth defendant purposely allowed arrears of rent to the Nagore Durgah to accrue when the nanja lands were fetching 130 kalams of paddy as the tenant’s share, and a fraudulent revenue sale was held in 1939 and the bulk of the properties even then worth about Rs. 5000 and now worth Rs. 15,000 was sold for Rs. 401. This included a bungalow in item 1 and the tank which could not be sold for arrears under the Madras Estates Land Act. After the said revenue sale of the bulk of the properties, defendants 1 and 2 purported to convey by a private sale the remaining properties covered by the D and E Schedules to the plaint to the self-same auction purchaser, viz., Haja Abdul Hameed Sahib. This Haja Abdul Hameed Sahib died four year

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