JUDGMENT

1. The question for consideration in thin appeal is whether a certain deed of waqf, purporting to have been executed by Musammat Ishrat Begam, on the 10th August 1910, wag valid and enforceable. The lady died on the 30th of August 1910. The allegation of the plaintiff was that the deed of waqf was obtained from the lady at a time when she was unwell and unable to form an independent judgment, In fact, it is suggested that she was not then in her proper senses and did not understand what she was doing. The Courts below found that the lady understood what she was doing, bat the deed of waqf was invalid inasmush as there was no real intention to make a dedication for religious or charitable purposes.

2. The deed of waqf provides that the lady shall be the first mutawalli of the property dedicated and that she shall have power to apply the income of the property dedicated to her own nee as long as she was alive, and, if there was a surplus, to apply the same to the purposes specified in any manner she liked. It further states that she shall also have the power to sell or mortgage the property daring her lifetime. It then goes on to say that after her death her sister, Musammat H