JUDGMENT

Misra and Madaley, JJ. - The applicants are the trustees of the Husainabad Endowment. They applied to the District Judge, Lucknow, for fixation of their remuneration, but their prayer was refused. The Deputy Commissioner, Lucknow, who is the Adviser to the Provincial Government regarding the Endowment was unnecessarily imp leaded as opposite-party. The lower Court discharged him from the case and granted his costs against the applicants. The trustees have come up in revision. The Deputy Commissioner was again imp leaded as opposite-party, but by our order dated 29rh October, 1945 he was removed and the Advocate General representing the Endowment was brought on the record as opposite-party.

2. The Husainabad Endowment was bounded by Mohammad Ali Shah, the third King of Oudh. In 1838 he built mosque called Husainabad Mubarak. In November 1839 he deposited with the late East India Company at the Residency in Lucknow a sum of rupees 12 lacs, and by a deed of trust, dated 23rd November, 1939, assigned its interest to two specified trustees and an agent with a direction that the income there from and from the offerings and certain shops should be devoted to the payment of pensions