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 per

Click Here to Read the rest of this document