JUDGMENT

1. This execution of decree appeal against an order of the Civil Judge of Unao, dated 19th December 1936, arises out of an objection brought by the widow of the judgment-debtor on the allegation that the property sought to be attached and sold is wakf property and therefore not liable to attachment and sale. The decree in question was obtained by the respondent decree-holder against one Merajuddin on 3rd April 1933. Merajuddin died on 23rd May 1935. The present application for execution was made against his widow, Mt. Matin-un-nissa, on 21st October 1935, by which the property situate in village Bhanpur was sought to be attached. The learned Civil Judge dismissed the objection of Mt. Matin-un-Nissa and held that the alleged wakf was not made out. Hence this appeal by the judgment-debtor. Mt. Matin-un-Nissa died during the pendency of the appeal and the present appellant, who is sister's son of Merajuddin, was substituted in her place. The property in question is alleged to be wakf on the basis of two documents, namely Ex. A-3, which is a will dated 2nd January 1905 executed by Mera-juddin's maternal grandmother, Mt. Najim-un-nissa, in favour of her daughter, Mt. Amat-uz-Zahra, and the second is a will, Ex. 1, dated 13th December 1922, executed by Mt. Amat-uz-Zahra. We have carefully considered both these documents, and though we cannot accept the objector's contention that Ex. A-3 creates a wakf, Ex. 1 undoubtedly appears to us to have been intended to make the property wakf. The main objects of Ex. A-3 appear no doubt to have been certain religious and charitable purposes, but at the same time it clearly says that the testatrix had made the legatee (Mt. Amat-uz-Zahra) the "owner in pos-session" of the property. In view of this we cannot hold that Ex. A-3 creates a wakf.

2. In the will of Mt. Amat-uz-Zahra, Ex. 1 the word 'wakf is not used, but at the same time the entire tenor of the documant clearly shows that what was really intended by Mt. Amat-uz-Zahra was a wakf. She says:

It is incumbent on me that I should make arrangements for the performance of the duties cast upon me by my mother, Mt. Najm-un-Nissa, by her will, dated 2nd January 1905, the fulfilment of which I have always regarded as incumbent on me....The entire property of Nawab Mohammad Ekram Ullah Khan, moveable and immovable, such as houses, kothi, groves, lands, situate in the Qasba of Kakori and village Bhanpmv which were in reality in my possession as amanat, shall be retained in the possession of my son, Mohammad Merajuddin, in the same manner after my death....My son, Molvi Mohammad, Merajuddin, shall also have no right to sell, mort-gage or gift, nor shall he have such a right in the property as should be detrimental to the property or cause hindrance in the fulfilment of the charitable objects mentioned in the will of my mother, Mt. Najm-un-Nissa....The profit of the said property will not be applied to any object other than those charitable objects for which it has been reserved....

3. Towards the end of the document it is clearly said that Molvi Merajuddin will be in possession of the property "as a mutawalli." Our reading of the document therefore is that it creates a valid wakf. It is a settled rule of the Mahomedan law that to create a wakf it is not necessary to use the word 'wakf. Ameer Ali in his treatise on Mahomedan Law, Vol. 1, Chap. VIII, says:

Where a dedication is intended the law will give effect to it, in whatever language it may be expressed or in whatever terms the wish may be formulated;

and again

But when the intention to make a wakf is apparent or can be inferred from the general tenor of the deed, or from the conduct of the donor, or from the nature of the object in favour of which the grant is made, or from surrounding circumstances at large, it will constitute a valid and binding wakf, though the word wakf might not have been used.

4. In Shah Mohammad Nairn Ata v. Mohammad Shamshuddin (1927) 14 AIR Oudh 113 it was held th