RANDHIR SINGH, J. :- This is a defendants appeal from the judgment and decree of the Civil Judge of Bahraich and the subject of dispute in this case is an endowment described as waqf Syed Salaar Masood Ghazi.

2. The facts of this case are a trifle complicated and the endowment has been the subject of litigation for a long time. In order, therefore, to understand the nature of the controversy between the parties it is necessary to set out in brief a history of the institution, various proceedings, and the prolonged litigation extending almost over three quarters of a century. The origin of the shrine is shrouded in antiquity but a record, more or less authentic, is to be found in the Gazetteer of the Bahraich district, as also in the judgment of the Chief Court in an appeal case.

3. Syed Salaar Masood Ghazi was said to be a nephew of Mohammad Ghazi and while on a visit to Bahraich met his death at the hands of a local chieftain. His remains were buried in village Singha Parasi by his devoted followers and a tomb-was subsequently constructed, which became, in course of time, an object of pilgrimage and veneration. An annual mela or Urs, is held at the shrine and is attended by