King, J.

1. This petition arises out of an application by the petitioner under Sections 3, 5 and 10 of Act XLII of 1923 to the learned District Judge of Chingleput with reference to a certain wakf. The learned District Judge held that the wakf in question was excluded from the purview of Act XLII of 1923 by reason of the definition found in Section 2 (e). That definition says that wakf does not include any wakf such as described in Section 3 of the Mussalman Wakf Validating Act VI of 1913 under which any benefit is for the time being claimable for himself by the person by whom the wakf is created or by any member of his family or descendants. The facts in regard to this wakf are undisputed that it was originally created about 70 or 80 years ago to provide facilities for travellers on the road from Madras to Nellore; i.e., to subserve a charitable purpose. Provision was also made in the document which established it for the enjoyment by the original creator of the wakf and the members of his family of any surplus income that might arise owing to an increase in the population of Madras, or any other cause in future. Apparently at the time when this application was made there h