JUDGMENT :- This appeal raised two important questions of law concerning the Validity of a wakf under the Mohammedan Law.

2. One Qudarulullah owned a house, No. 474, Mohalla Colonelganj, Allahabad. Upon his death it devolved upon his widow Subban, his daughter Peeran and his brother Iddu, their shares being 2 annas, 8 annas and 6 annas respectively. Subban died leaving a daughter Rahiman from her first husband, and her two annas share in the house devolved on Rahiman. On September, 8, 1936, Iddu executed a deed of wakf dedicating his six annas share in the house for the upkeep and maintenance of the Bara Imambara mosque. Similarly, on September 7, 1938, Rahiman executed a deed of wakf dedicating her two annas share in the house to the same purpose. Under the two deeds of wakf Hafiz Mohammad Ishaq was appointed Mutwalli. Thus a share of eight annas in the house became the subject of a wakf devoted to the purpose mentioned above, while the remaining share of eight annas continued to belong to Peeran. The house was let out to tenants on rent, and it appears that the entire rent was realised by Peeran.

3. Accordingly, the suit out of which the instant appeal arises, was instituted by Ha

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