JUDGMENT

1. This is a Letters Patent Appeal from the Judgment of Agha Haider, J., dated 18th March 1935, reversing that of the District Judge dismissing the defendant respondents' appeal.

2. The sole question is, wheather a certain property left by one Fazal Hussain is waqf as claimed by the Muslim community of Amritsar whose representatives were the plaintiffs in the original suit and are now the appellants before us. The learned Judge has decided against the appellants on two grounds: (1) if the rely on the will of Fazal Hussain dated 27th June 1920, the waqf is void on account of uncertainty; and (2) if they seek assistance from the rent deed dated 28th April 1923, the document is inadmissible for want of registration.

3. We may say at once that the decision of the learned Judge cannot be maintained.

4. Taking the will first, we find that there is an unequivocal intention on the part of the testator to dedicate the property in suit, to 'rafah-i-am ahl-i-Islam shadi wa ghami' which literally translated means for the benefit of the Muslim community on the occasions of their rejoinings and mournings. This is neither indefinite nor vague. Not only the community to be benefited is specif