JUDGMENT

1. This appeal has been preferred against the judgment and decree passed by Thomas J., on 4th February 1938, in the exercise of the original jurisdiction of the Chief Court, dismissing the appellant's suit. The appellant described himself as Nawab Asghar Ali Khan, alias Manjhu Saheb, son of Nawab Ghazanfar Ali Khan. He died during the pendency of the appeal and his four sons were substituted in his place. The suit was instituted on 14th November 1985. It related to the trusteeship of the Raddi Mazalim Trust, referred to generally in the case as the Raddi Mazalim Fund, and the suit was instituted in the Chief Court because a sum of Rs. 5,43,000 invested in Government Promissory notes has been dedicated as the property of this trust. The plaintiff claimed to be entitled to be either the sole trustee or one of the trustees of this trust as the great grandson of one Nawab Mohammad Ali Khan, who, he averred, was the eldest Son of Munawwar-ud-daulah Nawab Ahmad Ali Khan and born of his first wife. He prayed for a declaratory decree to this effect. There were ten defendants. Eight of these (NOS. 1 to 7 and 10) are admittedly descendants of Asharaf-ud-daulah Nawab Amjad Ali Khan, who according to the plaintiff was the second son of Nawab Ahmad Ali Khan. Defendants 8 and 9 are stated to have been made parties as pro forma defendants because they had been made co-plaintiffs in original suit No. 7 of 1935, which was pending when the suit under consideration was instituted. We may mention here that suit No. 7 of 1935 was principally between Nawab Sadiq Ali Khan and Nawab Raza Husain Khan who are defendants 1 and 4 in the present case. A decree was passed on 7th December 1935, by Thomas J., in terms of a compromise. A copy of the decree has been exhibited as Ex. A8. The compromise was to the effect that Nawab Sadiq Ali Khan and Nawab Raza Husain Khan would be the trustees of the Raddi Mazalim Fund. The plaintiff was not a party to this suit. The present suit was contested mainly by Nawab Sadiq Ali Khan and Nawab Raza Husain Khan. They filed separate but very similar written statements. In particular they denied the pedigree set up by the plaintiff. Two more written statements were filed, one by Nawab Kazim Ali Khan, brother of Sadiq Ali Khan, and the other by defendants 5 to 7. Kazim Ali Khan admitted the pedigree set up by the plaintiff and said that he had no objection to the plaintiff's appointment as a co-trustee jointly with himself. Defendants 5 to 7 admitted that the plaintiff was one of the descendants of Nawab Munawwar-ud-daulah, but said that he was not fit to be a trustee because of his status. The pleas gave rise to the following issues:

1. Was the trust in dispute founded by Nawab Muntazim-ud-daulah and if so, was Nawab Munaw-war-ud-daulah its first executor trustee? or Was the Trust in dispute founded by Nawab Munawwar-ud-daulah? 2. (a) Does the succession to the office of Trustees of the Raddi-Mezalim Fund in suit devolve upon the eldest male descendant of Nawab Munaw-war-ud-daulah in the senior male line and if so, is the plaintiff entitled to be the sole Trustee? (b) Is the plaintiff the eldest male descendant of Nawab Munawwar-ud-daulah in the senior male line and oldest in age amongst the male descend ants of Nawab Munawwar-ud-daulah and so is he entitled to be the sole trustee of the Raddi Mazalim Fund? (c) Is the pedigree given in Schedule A attached to the plaint so far as it relates to the plaintiff and his line up to Mohammad Ali Khan correct and was Mohammad Ali Khan the eldest son of Nawab Munawwar-ud-daulah as alleged by the plaintiff? 3. Is the plaintiff not a fit person to be appointed a trustee? 4. (a) Are the descendants of Nawab Baqar Ali Khan and Nawab Jafar Ali Khan not entitled to be the trustee or trustees of the Raddi Mazalim Fund aa alleged in para. 17 of the plaint? (b) Is defendant 1 not entitled to be a Trustee for the reasons stated in para. 18 of the plaint? 5. Did Nawab Amjad Ali Khan and