A. K. KIRTY, J.:- The following questions have been referred to this Bench for answer:-

"Where, on the date immediately preceding the date of vesting, out of two co-mutwallis (who were also co-beneficiaries) of a waqf-alal-aulad created by a Shia Muslim, one co-mutwalli was personally cultivating a land (other than sir and grove), the proprietary right in respect of which was subject-matter of the wakf, did the rights of a bhumidhar accrue in the land under Section 18 (1) (a) of the U. P. Zamindari Abolition and Land Reforms Act? If so, whether they accrued in favour of the wakf or God or in favour of both the co-mutwallis or in favour of that co-mutwalli alone who was cultivating the land?"

2. The above questions arise in the following circumstances. One Sibte Hasan, a Shia Musalman by faith, had created a waqf-alal-aulad under a deed of waqf dated 8-2-1918, appointing his male descendants as mutwallis and also making them beneficiaries, generation after generation. The subject of the wakf was some zamindari property. The wakif died in 1924 leaving behind two sons, Farzand Hasan and Sibte Hasan, as co-mutwallis and co-beneficiaries. Sinte Hasan, it appears, was a minor at t