RAGHUBAR DAYAL, J. :- Hafiz Abdul Karim executed three waqf deeds in 1917 and 1918. Notification, was issued by the Central Board constituted under the Muslim Waqfs Act (U.P. Act No. 13 of 1938) on 26-2-1944, under S. 5, Sub-Section (1) of the Act, that the provisions of the Act would apply to these three waqfs. Badrul Islam, the mutwalli under the three waqf deeds, instituted a suit against the Sunni Central Boards of Waqfs for a declaration that these waqfs were exempt from the operation of the Muslim Waqfs Act. The Civil Judge did not agree with the contention for the plaintiff and dismissed the suit.

2. The plaintiff submits to the decree with respect to one of the waqfs, which was created by a deed, dated 11-5-1917. He challenges the decree of the court below with respect to the other two deeds executed on 20-3-1917, and 11-6-1918, respectively.

3. Badrul Islam, the plaintiff, has migrated to Pakistan and the Custodian of Evacuee Property has been given notice of this appeal in view of S. 50, Administration of Evacuee Property Act (Act No. 31 of 1950). He has not applied to be impleaded and we did not consider it necessary to implead him in the exercise of our powers un