JUDGMENT

1. This is a first appeal brought by one Chaudhari Saiyid Afzal Husain, the sole plaintiff, and continued after his death by his son, Chaudhri Saiyid Tabal Husain, who was defendant No. 2. The contesting respondent, defendant No. 1 is Chhedi Lai. The plaint sets out that the plaintiff, Afzal Husain, was the owner in possession of the property in the list attached to the plaint and that on January IP, 1919, he executed a 'waqf 'alal aulad' that is, waqf for his descendants of the property dividing the property into two portions. One village Mavza Samorai, Mahal Rustam Ali, and certain houses and groves were dedicated for religious and charitable purposes. The plaint does not mention further in regard to the other waqf property, but the deed of waqf printed on page 57 shows that the 26 remaining villages were created a waqf for the benefit of the family of the plaintiff and he was made the first mutawalli with defendant No. 2 to succeed him. When the family should become extinct, there was a gift over for religious and charitable purposes. The waqf property is referred to in the plaint as list A. Paragraph 2 of the plaint sets out that at the time of the execution of the 'waq