JUDGMENT

Jai Lal, J. - On 4th March 1918, Imam Din executed a document under the provisions of the Musalman Wakf Validating Act 6 of 1913 creating a wakf in respect of his immovable and moveable property described in the deed. He belonged to the Hanafi Sect of Musalmans and appointed himself as mutwalli and provided that after his death his third son Mehraj Din shall be the mutwalli and thereafter his fourth son Shamas Din. Out of the property described he reserved some for the residence of himself and his male descendants. One-fortieth of the income of the remaining houses, was to be divided in certain shares, and partially devoted to charitable and religious purposes specified in the deed. The remaining income was to be utilised for repairs to the houses, the religious and secular education of his descendants and for the maintenance of the family. Some other provisions, as so were made but they are not, material for the purpose of this case. It was finally provided:

If, God forbid, the line of my descendants, male or female, becomes extinct the income of the entire wakf property mentioned above, should be spent on charitable and religious purposes.

2. The words used are "Khairati au