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 the end of each fasli, the kist, taxes and other charges should be deducted, and the charities referred to in schedule D should be conducted at a cost of Rs. 160 per annum. The wakf’s three sons (defendants 1 to 3 in the suit) should “as trustees manage the remaining income after deducting the cost of charity.” The income from the lands specified in schedule C should, after deducting expenses, be paid to his four daughters in equal shares during their lifetime and thereafter proportionately to their heirs hereditarily. His wife (plaintiff) should enjoy the shop, item 2 in schedule A, and the lands referred to in schedule E during her lifetime and thereafter these properties “shall be added to the charity referred to in schedule D.” His descendants should hereditarily conduct the said charity and

“take only the remaining incomes after dividing them at the end of each fasli”.

Then follow certain provisions for the devolution of the right to the surplus income and the right of management of the properties, which are not to be alienated or made liable for the debts of any of the descendants. Proper vouchers and accounts are to be maintained in respect of the income and expenditure of “this charity estate,” and if any trustee or all the trustees refuse to manage or resign the Civil Court should appoint

“the Court of Wards or the necessary trustees in the vacant places till another trustee or trustees are available as aforesaid and see that the charity is administered”.

“Should there be any litigation in Court when any injury or loss, etc., is likely to be caused to this deed or a portion thereof or the said charity, the property being charity property, the plaintiff or defendant shall add the Advocate-General as a party or take his opinion and conduct the said suit.”

The charities specified in schedule D are as follows:

“In the building constructed by me in the name of T. Muhaitheen Andavar Avergal on the punia land bearing Resurvey No. 22/8 in the Anaikovil village, Valkudi vattam, Nannilam taluk and referred to in the B schedule, one Mavulthu and one Hattam, one Hattam in the name of Nabinayakam, one Hattam in the name of Shagul Hameed Andavar, one Hattam in the name of Meera Akamad Shakathari Avergal, and one Hattam in my name after my death shall be recited on the full-moon day of every month, i.e., on the 14th day of the lunar month, at a cost of Rs. 5.

On the 10th of Rabilavil of each year Mavulth shall be recited in the name of Nabinayakam in the Kattubapalli at Vijayapuram and food distributed, at a cost of Rs. 100.” The learned Subordinate Judge has found that the annual net income of the lands specified in plaint schedule A-1 (schedule B of the deed) alone is about Rs. 1,500 and that the provision for the charities costing only Rs. 160 per annum is an il

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