JUDGMENT

Mukerji, J. - This is a Letters Patent appeal which has arisen owing to a difference of opinion between two learned Judges before whom the First Appeal No. 247 of 1925 came for decision. The difference of opinion has arisen only on a point of law, and therefore it would not be necessary to state the facts in detail. Briefly, they are these. One Mubarak Ali died possessed of certain immovable property of considerable value. He died on 2nd January 1914. Before his death he executed several deeds. One was a document described as a will, which was executed on 22nd June 1909, another was a codicil to that will executed on 3rd January 1911, and lastly he executed the document which is in dispute before us. This purported to be a deed of wakf created by means of a will. It was executed on 23rd October 1913.

2. By the document of 23rd October 1913 Mubarak Ali provided (see p. 29 of the printed book) that he would remain in possession of his property during his lifetime and would support himself, his wife and the members of his family. Then he proceeded to appoint certain gentlemen mentioned in the deed, who were going to be the trustees of the wakf that he was going to create. He al