A. Banerji, J.

1. This second appeal arises out of a judgment and decree passed by the Civil Judge, Bulandshahr, dated April 29, 1972, dismissing the appeal of the defendant-appellants. The trial court had decreed the plaintiffs' suit and cancelled the sale deed dated 22-6-1966 executed by defendant no. 1 in favour of defendant no. 2.

2. The relevant facts briefly stated are as follows : Plaintiffs filed suit no. 77 of 1968 for the cancellation of the sale deed dated 22nd June, 1966 executed by Mohammad Ahmad in favour of Mohammad Arif and also for the cancellation of the Waqf deed dated 22nd May, 1965 executed by the appellant Mohammad Ahmad. Plaintiff's case was that Syed Mohammad Siddiq had created a Waqf in respect of the plots by Waqf deed dated October 11, 1943. The appellant Mohammad Ahmad was appointd Mutwalli of the said Waqf. The Waqf deed also provided that after the appellant Mohammad Ahmad, his two brothers would succeed him as Mutwalli. The deed further stipulated that Mutwalli would have no right to Waqf property. During consolidation proceedings, certain plots were allotted to the Waqf in lieu of the existing plots held by the Waqf. The appellant no. 1, Moha