Tarun Aggarwala , J.

The facts leading to the filing of the writ petition is, that one Hazi Sheikh Abdul Samad created a private waqf which was registered on 4.8.1931 as 1-A. A second list of the properties was registered on 3.1.1956 as 136. In this waqf, a provision was made that the male son would become the mutawalli and in the absence of a male lineage, the daughter's son would become the mutawalli.

2. In 1964, Hazi Abdul Hai, filed suit No.64 for a declaration that he should be declared as a mutawalli. This suit was partly decreed on 24.5.1982 in respect of property No.1-A and was dismissed in respect of property No.136. Two First Appeals were filed. Zakirullah and others filed First Appeal No.457 of 1982 and Mohammad Ahmad filed First Appeal No.83 of 1982. During the pendency of these appeals, one of the respondents Kaniz Fatima, who was the wife of the plaintiff Hazi Abdul Hai, died on 22.4.1985. A substitution application was filed praying that her husband Hazi Abdul Hai should be substituted. Hazi Abdul Hai, i.e., the plaintiff filed an objection contending that his son Nizamul Hai, who was born out of the wedlock from Kaniz Fatima should also be substituted. Conse