In terms of the deed the donor was to remain in possession of the house as Mutawalli and his wife was to be the Mutawalli after his death.
And by the third document he purported to cancel the deed of wakf of 1914.
The Subordinate Judge who tried tried suit found the deed of wakf to be invalid holding, inter alia, that there companyld be numberreservation for the benefit of the donor in the case of an endow meat purportedly in favour of a mosque.
Thereafter he executed and registered three separate sale deeds on March 27,1949 one in favour of the appellant Garib Das, a second in favour of Shamlal and a third in favour of Gobind Lal.
document provided that after the death of both the husband and wife the Mutawalli would be elected by the panchas of the Muslim companymunity of Nathnagar and so long as the donor and his wife were living they would maintain themselves from the income of the property and spend the balance left for the mosque and the Madrasa.
He also held that the endowment was bad for uncertainty on the ground that the mosque and the Madrasa mentioned in the wakf companyld number be identified and that Tasaduk Hussain never had any intention to create a wakf.
There was a number of other defendants also.
Tassaduk Hussain died in July, 1950.
By the second document he cancelled another registered deed of gift dated August 2, 1948 executed in favour of another relation of his in respect of the identical properly.
Tassaduk Hussain executed and registered three deeds on 10th December, 1949 by one of which he purported to cancel a gift deed dated November 4, 1989 executed in favour of some of his relations in respect of the disputed house.
The first three defendants were described as tenants in the suit properties.
Garib Das, Shyam Lal and Gobind Lal, the alienees from Tasaduk Hussain were impleaded as defendants first party.
All these three deeds were in respect of portions of the disputed property.
A prayer was also made that as the said three defendants who were tenants had repudiated their tenancy they had forfeited the same and they had become trespassers and were liable to eviction as such.
The suit was filed by the first plaintiff as the elected Mutawalli of the wakf created by Tasaduk Hussain joining with him plaintiffs 2 and 3 as members of the Sadar Nathnagar Masjid Committee.
The plaintiffs claimed to set aside the deeds in favour of the said persons on the ground that as a valid wakf had already been created in favour of the mosque and Madrasa and had been acted upon, the deed of cancellation of December 10, 1949 and the sale deeds in favour of the first three defendants companyld number affect the wakf.
One Tassaduk Hussain was the owner of the disputed house and admittedly executed a deed of wakf on June 21, 1914 in respect of the same for the benefit of a mosque and Madrasa at Nathnagar and had the same registered.
K. Mitter, J. This is an appeal from a judgment of the Patna High Court reversing a judgment of the Subordinate Judge, Bhagalpur and decreeing the plaintiffs suit for a declaration that a pucca house situated in Mohalla Nathnagar within the Bhagalpur municipality was an endowed property under the deed of wakf dated June 21, 1914 and for recovery of possession of the same with mesne profits from defendants 1 to 8 the appellants to this Court who had obtained sale deeds in respect of this property on December 27, 1949.
