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BENNET
Mt. Kaniz Kubra Bibi – Appellant
Versus
Syed Muzaffar-ud-Din Haider – Respondent
JUDGMENT
Bennet, J. - This is a second appeal by the plaintiff whose suit has been dismissed by the two lower Courts. The plaintiff claims to be entitled to an annuity of Rs. 75 per annum under a deed of wakf executed on 13th January 1927 by Mt. Nabihan, the maternal grandmother of the plaintiff. The two defendants are maternal grandsons of Mt. Nabihan. The mother of the plaintiff and the mother of the defendants were sisters and daughters of Mt. Nabihan. On the same date on which the deed of wakf was executed Mt. Nabihan also executed a deed of gift in favour of the two defendants. Mt. Nabihan was a Shia. The Courts below have found that the deed of wakf is not valid. The plaint does not state under what law the wakfnama was valid, but the trial Court assumed that the plaintiff claimed under Act 6 of 1913, the Mussalman Wakf Validating Act, and held that it was not valid under that Act chiefly because there was no ultimate deed of gift for religious, pious or charitable purposes. The plaintiff appealed and the first ground of appeal stated that the wakf in question was valid and binding according to the provisions of Mahomedan law observed by the Shias and Act 6 of 1913. The lower
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