Salleh Abas FJ (delivering the judgment of the Court):

This is an appeal and a cross-appeal against the decision of Harun J on the validity of a document purported to be a wakaf declared by the first plaintiff on 13 June 1961. The facts of the case may be stated as follows.

On 18 March 1906, equivalent to the 22nd Muharram 1324, the late Sultan Zainal Abidin of Trengganu granted large areas of land in Kemaman known as Chenderong Concession to his daughter, the late Tengku Nik Maimunah, the first plaintiff, and her husband, Tengku Ngah Omar bin Abdul Rahim, who was then a Minister of State, in equal shares. On the death of her husband, she inherited one-fourth of the husband's share, thus increasing her share to fiveeighths. The late Tengku Nik Maimunah had no children of her own. On 13 June 1961, she executed a document dedicating her total share in the Chenderong Concession into a wakaf in favour of the following beneficiaries:-

(1) her brothers and sisters, nieces and nephews and their children;

(2) four adopted daughters, two of whom are appellants Nos. 2 and 3;

(3) two persons who are not her blood relations, one of whom is appellant No. 1; and

(4) for religious,