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1916 Supreme(All) 282

P. C. BANERJI, TUDBALL
Ali Khan – Appellant
Versus
Nawab Muhammad Mushtaq Husain – Respondent


JUDGMENT

1. This is the defendants' appeal in a suit for possession of Immovable property, which has been decreed to the plaintiffs by the Court below.

2. The plaintiffs are five Muhammadan gentlemen and their case is as follows:-- That Nawab Rukn-ud-Danla Muhammad Azmat Ali Khan was the owner of a large estate lying partly in the Punjab and partly in the Muzaffarnagar District of these Provinces, including the properties claimed; that the Nawab created a waqf of the aforesaid properties under a deed dated 25th August 1908 and registered on 1st September 1908; that he appointed himself the first mutawalli and remained in possession as such up to the date of his death on 26th December 1908; that in his lifetime on 9th November 1908, he executed a document, designated therein a "trusteenamah," framing rules for the management of the trust property and nominating six gentlemen to succeed him as trustees on his death; that four of these are among the plaintiffs; that one of them has died and the second plaintiff has been appointed in his place under the rules framed by the Nawab; and another has resigned and so far no one has been appointed in his place; that on the death of the Nawab th

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