Patanjali Sastri, J.-The only question raised in this appeal relates to the validity of a wakfnama executed by one Mahomed Hussain Rowther, a Hanafi Mussalman, since deceased. His widow, the first respondent herein, sued her co-heirs for partition of his estate and for accounts, impugning the validity of the wakf, and the Subordinate Judge of Mayavaram who tried the suit has upheld her claim, finding that the wakf was not valid either under the Mahomedan Law as it was understood before the Mussalman Wakf Validating Act (No. VI of 1913) (hereinafter referred to as the Act) or under the Act. From that decree the first defendant who is one of the trustees of the wakf has brought this appeal.

The wakfnama (Ex. I) is in Tamil and is called “wakf charity deed.” It has five schedules A to E attached to it, of which schedule D specifies the “particulars of charity to be conducted,” and the remaining schedules describe the properties, lands, and houses, to which it relates. It recites that those properties had been set apart for “wakf charity” “following the practice of our religion and in accordance with Act VI of 1913,” and provides that, out of the income derived from the properties at th

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