JUDGMENT

Thom, C.J. - This is a defendant's appeal in a suit in which the plaintiffs claimed possession of certain property which had formed the subject of a deed of gift executed by the plaintiffs' ancestor on 11th December 1914, in favour of Jain Bulaqi Shankar. The material terms of the gift-deed are as follows:

I have made a gift to Pt. Jain Bulaqi Shankar for construction of the temple of Bhaironji, and residence, and removing my possession from the property gifted I have put the donee in proprietary possession and he will have the right to construct a temple and a quarter... The donee or his successors will have no right to transfer or mortgage it; if he does, the transfer will be invalid, and I and my successors will have a right to get the gift revoked.

2. Following upon this gift in his favour, the donee was put in possession of the property. He did not however succeed in building the temple or a residential quarter for his own occupation. On 14th April 1927 however he made a waqf of the property in favour of defendant 1, that is he transferred the property which had been gifted to him by the plaintiffs' ancestor on 11th December 1914. In view of this action of the donee whic