In August, 1925, Thakur Asghar Ali executed a deed of wakf alal aulad by means of which he created a wakf of his entire property for the benefit of himself, his family and descendants generation after generation.
1 of 1.869, hereinafter called the Act .
This led to protracted litigation in the Revenue Courts and eventually an order for mutation was passed in favour of Thakur Mohd.
who was subsequently recognised by the Government as the talukdar of the Tipraha Estate.
He denied the execution, attestation, genuineness, and validity of the wakf deed alleged to have been executed by Thakur Asgharali, which was relied upon by Thakur Mohd.
256 of 1959.
Umar for his title to the property.
Umar claimed to be entitled to the entire property under the wakf deed of August, 1925, while the plaintiff, being the eldest son of the eldest on Nasirali who had died in the lifetime of his father Thakur Asghar Ali claimed succession to the property under the rule of lineal primogeniture.
Asghar Ali died in February, 1937, leaving behind properties included in Schedules A to I appended to the plaint.
Appeal from the judgment and decree dated February 22, 1954, of the Allahabad High Court Lucknow Bench at Lucknow in First Civil Appeal No.
It was further alleged that even if the wakf was invalid as a gift it would be operative as a will and the mutwalli would be entitled to the possession of the whole of the estate of Thakur Asgharali under the wakf deed.
He was to be the first mutwalli for his lifetime and thereafter his son Thakur Mohd.
This is the main point which falls to be companysidered in the present appeal.
Bibi Bibi Bibi Umar Ali Ismail Zainal D 3 Sabirali D 2 D 1 D 5 D 6 D 7 number appellant The case of the plaintiff was that Thakur Amir Baksh owned companysiderable property Known as Tipraha Estate in the district of Bahraich at the time of the, annexation of Oudh.
died issueless and on his death Thakur Nabi Baksh succeeded him as the talukdar under the family custom and under the provisions of the Oudh Estates Act, No.
The trial companyrt also found that the plaintiff was entitled under the family custom and also under the provisions of the Act to inherit by the rule, of male lineal primogeniture such properties as were left by Thakur Asgharali at the time of his death but as the trial companyrt held that the wakf deed was valid, it dismissed the suit of the plaintiff except with respect to two properties in Schedule A to the plaint.
Thakur Sabir Ali then instituted the present suit for the possession of the entire property left by Thakur Asgharali and for mesne profits.
It upheld the finding of the trial companyrt that the wakf deed was a genuine document.
11 and 12 of the Act.
Umar came into possession of the properties mentioned in schedules A, B, D, E, F, H except certain items mentioned therein while the other defendants came into possession of certain other properties, with the details of which we are number companycerned number.
The defence was that the wakf deed was duly executed and registered and acted upon and that numberfraud, undue influence or companyrcion as alleged by the plaintiff had been practiced upon Thakur Asgharali in that companynection.
Thakur Fateh Mohd.
Mohd Mohd.
The Judgment of Gajendragadkar and Wancboo, JJ.,
Umar defendant who is number dead.
Disputes arose thereafter about succession to and possession of his properties.
Thakur Mohd.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
March 26.
Umar, and after him, his other sons and then his other descendants selected according to the rule of primogeniture were to be mutwallis.
50 of 1946.
died in 1899 died in 1890 First wife Asghar Ali Second wife died in 1937 Fatim, Nsirali Aeysba Mohd.
The suit was decreed with respect to these two properties on the ground that they were number included in the wakf deed.
The wakf deed provided that some amounts would be paid to charities and some as maintenance allowance to the members of his family generation after generation, the remainder going to the mutwalli.
K. Daphtary, Solicitor General of India,E. Udayarathnam and S. S. Shukla, for respondent No.
The following pedigree table omitting the unnecessary names which is number in dispute, may be set out to appreciate the case of the plaintiff Amir Baksh died in 1857 Nabi Baksh Fath Mohd.
On the death of Thakur Nabi Baksh the estate passed to his only son Asghar Ali, who in his life time acquired certain other properties which were both talukdari and number talukdari in nature.
But the main attack against the validity of the wakf deed was that the subject matter of the deed was property subject to the special provisions of the Act and therefore the said deed was number valid, particularly in view of the provisions companytained in ss.
There was then an appeal by Sabirali to the High Court.
The trial companyrt found that the wakf deed was duly executed and was a genuine and valid document.
was delivered by Wanchoo, J. Sarkar, J., delivered a separate Judgment.
The defendants also resisted the attack on the wakf deed based on the provisions of the Act.
His case was that he was entitled to succession under the rule of male lineal primogeniture in accordance with the provisions of the Act and the family custom.
P. Sinha and Remeshwar Nath for the appellant.
The wakf deed was further challenged on other grounds with which we are however number companycerned number except one.
WANCHOO, J. This is a defendants appeal on certificate granted by the Allahabad High Court.
The suit was brought by Thakur Sabir Ali plaintiff respondent for possession.
He died in 1857 and was succeeded by his son Thakur Fateh Mohd.,
