K. N. MISRA, J.:- This first appeal was directed against the judgment and decree dt. 16-4-1969 passed by learned Civil Judge, Rae Bareli. After hearing arguments of the learned Counsel for the parties, we had allowed the appeal No. 10 of 1969, D/-10-1-1983 by a short Order for reasons to he indicated later. We now proceed to record our reasons here as under.

2. Shah Naim Ashraf filed this suit in forma pauperis against Smt. Kaneez Fatima, widow of Shah Hasan Ashraf and Maqsood Ashraf arraying them as defendants 1 and 2 respectively. The plaintiff sought a declaration to the effect that he is legally appointed Sajjada Nashin of the Sajjada of Shah Ali Hasan Saheb and the latters Imambara, including Khangah in its northern portion, and other movable property, detailed in list Ba, which were attached to the said Imambara: and the residential house of Shah Hasan Ashraf, shown in commissioners maps, papers 147C/10 and 147C/11, are the waqf properties of the Sajjada of Shah Ali Hasan and those are not the personal properties of defendants 1 and 2 and they have no concern with it. The plaintiff also sought a relief for possession of the aforesaid properties in case the defendants