JUDGMENT

Allsop, J. - On 8th September 1930, Nawab Iqbal Ud-Daula Moqin Ali Khan created a wakf alal-aulad and nominated his wife, Mt. Razia Bani Sultana Begam, as the mutawalli. There was a provision in the deed of wakf that this lady should appoint her successor but she died on 17th August 1935, without doing so. There remained surviving four sons of the creator of the wakf, namely Muhammad Ali Khan, Ahmad Ali Khan, Qaim Ali Khan and Baqar Ali Khan. Muhammad Ali Khan made an application, purporting to be u/s 74, Trusts Act, 1882, praying that he should be appointed as mutawalli by the District Judge. The other three brothers supported the application and the District Judge appointed Muhammad Ali Khan. Three years later, on 30th August 1938, two of the brothers Ahmad Ali Khan and Baqar Ali Khan made an application to the District Judge complaining that the mutawalli was mismanaging the wakf property and misappropriating its income. They requested that Muhammad Ali Khan should be removed and that one of the applicants should be appointed as mutawalli in his place or in the alternative that a Receiver should be appointed to manage the property. Muhammad Ali Khan urged in reply that the questions raised were 'much too grave' and could not be disposed of in summary proceedings on the basis of an application. The learned Judge overruled this objection by an order passed on 21st January 1939 and held that he had jurisdiction to remove the mutawalli and make a new appointment under the provisions of Sections 73 and 74, Trusts Act, 1882. He then proceeded so remove Muhammad Ali Khan and to appoint Ahmad Ali Khan in his stead. This is an application in revision based on the allegation that the order of the learned District Judge was without jurisdiction. In my judgment, the application must succeed. I think it is necessary only to refer to the provisions of Section 1, Trusts Act, 1882, that nothing contained in the Act

affects the rules of Mahomedan law as to wakf...or applies to public or private religious or charitable endowments...

There can be no doubt that provision for a man's offsprings or descendants is a charitable object according to Muslim ideas and a wakf-alalaulad would not be valid as a wakf if it was not created for charitable purposes. It follows that the provisions of the Trusts Act, 1882, do not apply to the wakf which is the subject of these proceedings and that the order of the learned District Judge was, on the face of it, without jurisdiction. It seems clear that] any beneficiary who objects to the management of the wakf has a remedy by way of a suit under the provisions of Section 9, Civil P.C. It has been urged on the other side that the District Judge as the superior Court in the district exercises the functions of a Qazi under the Muslim law and that a Qazi had power to remove the mutwalli of a wakf and appoint some other suitable person in his place. It is true that the District Judge exercises the functions of a Qazi where such functions must be exercised by some authority under the provisions of the Muslim law and where no other provision is made by statute for the exercise of those functions, but it does not follow that the District Judge can exercise all 'the functions of a Qazi, administrative as well as judicial, or that he is absolved from following the procedure which is laid down for civil Courts by the CPC or any other statutes which may from time to time be in force. Learned Counsel for the opposite party has referred us to a number of rulings, which, I do not think, it is necessary for me to deal with in any detail. There is one case in which it was held that the District Judge was entitled to certify the repudiation of her marriage by a woman when she attained the age of puberty and there are a series of rulings in which it has been held that the District Judge is the authority which can sanction the transfer of wakf property if it is necessary in the interests of a wakf that the property should be