Tyabji, J.

1. The plaintiff claims mesne profits in respect of certain waqf properties. The real questions involved in the suit and appeal were the subject of some discussion before us but the issues settled by the District Munsif shew that the contention of the plaintiff was that she succeeded to the office of Mutawalli of the waqf properties by hereditary devolution, and that she claimed possession of them on that footing as against the defendant, that the defendant on the other hand set up his own title as Mutawalli on the strength of an appointment by a person calling himself the Kazi, and also by the members of his community. The real question therefore to be decided by us is whether the plaintiff has made out that she was the actual and rightful Mutawalli of the waqf properties for three years succeeding 6th August 1905, and not whether the plaintiff has proved some circumstances which would entitle her claims to bs considered, were the court asked to appoint a Mutawalli of the waqf properties. The relative qualifications of the plaintiff and the defendant to be appointed Mutawalli need not be considered by us, notwithstanding that as a defence to the plaintiffs claim,