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 t