RAMACHANDRA IYER, C.J. :- This second appeal has been referred to us in view of the importance of the question involved, namely, "whether a charitable endowment of a non-communal character made by a Muslim can be regarded as a wakf within the scope of the Muslim Wakfs Act, 1954". The Courts below have expressed divergent view on the matter. For a due appreciation of the point for determination in the case, it is first necessary to refer to the terms of the endowment. But before doing so it will be useful to set out a few preliminary facts :

2. Hajee Mohammad Kasim, a resident of Rajagiri in Tanjore Dt. who appears to have been a man of enterprise and who evidently had enlightened views, acquired considerable properties by his business in foreign countries. In the year 1916, he established at his place a school known as Madras Kassima for the benefit alike of Muslims and non-Muslim boys. Eight years later he started a free dispensary which again was to serve the need of sick irrespective of the community to which they belonged. On 7-10-1927, he in order to place the two institutions on a sound footing executed a document styled as a deed of wakf, otherwise known as a declara