- (1.) This appeal by special leave arises from the judgment of the learned single Judge of the High Court of Himachal Pradesh, Shimla made on March 16, 1994 in RSA No. 97/93.
(2.) The admitted facts are that Najaf Khan was the owner of the properties, namely, houses and shops situated in Jutog. He had executed a will on August 29, 1949 bequeathing all his properties to his sons mother-in-law, namely, Smt. Musamat Karirman. He added a note to the Will on dated 29-9-1949 stating thus: "After the death of Masomat Kariman, my entire property would become wakf and the income from that would be spent for the maintenance of the Mosque at Jatog. Nobody shall have the right either to mortgage or sell these properties . "
(3.) The appellant filed the suit for declaration that it is a wakf property and the respondent has no manner of right whatsoever. All the Courts below have concurrently held that the wakf has not been created by Najaf Khan and, therefore, the will is void and the wakf thereby has not been created. The question is:whether the view taken by the Courts below including the High Court is correct in law;