JUDGMENT

Muhammad Rafiq and Stuart, JJ. - The only point which requires decision in the present appeal is whether the property in dispute is waqf property or not. The plaintiff respondent, Musammat Anjuman-un-nissa, purchased the property in suit from Asghar Ali Khan, defendant respondent No. 2, on the 14th of November, 1917. Soon after her purchase she made an application to the Revenue Court for mutation of names in her favour. The defendant appellant, Mukarram Ali Khan, who is a cousin of Asghar Ali Khan, objected to the mutation of names in favour of the vendee on the ground that the property in respect of which mutation of names was sought was waqf property, and hence the vendor of the plaintiff respondent No. 1 had no right to convey it.

2. Both parties gave evidence and the claim of the plaintiff was decreed. The decree of the first court was upheld in appeal. Mukarram Ali Khan has come up in second appeal before us and contends that the property in suit was dedicated prior to 1854 to certain charitable purposes and that the decisions of the court below as to the validity of the waqf are erroneous. It appears from the materials on the record that there has been litigation in r