Shelat, J. - (1.) This appeal, by certificate, is directed against the judgment and decree of the High Court of Allahabad D/- 5-8-1965 and relates to a piece of land together with buildings thereupon including an Akhara (wrestling ground). The property is situate in Kanpur and bears at present Municipal No. 26/72, its original No. being 26/30.
(2.) Sometime prior to 1830, one Mani Ram, well-known during his life-time as a wrestler, purchased a groveland with trees standing thereon. Whether he purchased one such groveland and divided it into two, or purchased two such grovelands and amalgamated them into one is not quite certain. Along with this land he was possessed of other properties adjacent to the said groveland. It appears that being himself a wrestler and fond of that sport Mani Ram purchased the said groveland for setting up and maintaining an Akhara where wrestlers of both Hindu and Muslim communities could come for wrestling. Besides the income from the said groveland, Mani Ram spent large amounts for promoting wrestling and to that end made a number of disciples.
(3.) He had by his first wife six sons and a seventh son, Mangali Prasad, a wrestler of repute, from his second wife, Rahas Kaur.By a deed of partition dated June 23, 1830 he divided all his properties into eight shares giving one share to each of his seven sons and retained the 8th share for himself and the said Rahas Kaur. This 8th share included the said groveland on which stood the said Akhara as also certain other structures. The Akhara ground was bounded by a compound wall with an archgate to enter into. It appears that with the object of attracting wrestlers he installed on the archgate an idol of Mahabirji, a Shiv Lingam over a small room which stood next to the said gate, and a tasweer of Hazrat Ali. The two idols and the tasweer were obviously intended to give a religious bias to the Akhara, the first two to attract Hindu wrestlers and the third to attract Muslim wrestlers. The said deed of partition stated with regard to the 1/8th share and the said groveland that none of his seven sons would have any interest or right in them as the "one-eighth (1/8th) share and the grove, which is a waqf property and which I, the executant, have taken for myself. I, the executant and my second wedded wife shall remain owner thereof till our lifetime". It would thus appear that even before 1830 Mani Ram had already dedicated the said groveland for the purposes of the said Akhara and that was why he referred to it as waqf property. Mani Ram managed the said grove land in the aforesaid manner using the income thereof for the said Akhara. On his death the property came under the management of his widow, the said Rahas Kaur. On May 12, 1862 Rahas Kaur made a will in which after reciting the partition deed of 1830 she stated as follows: "He (Mani Ram) dedicated two groves - situate in Philkhana Bazar, which has Asthan of Mahadeoji and Mahabir and Akhara and tasweer of Hazrat Ali - The Akhara and Asthan - up to this day are continuing as heretofore, and Mangli Prasad, my son, is unparalleled in wrestling. In order that it may continue - I execute a will that (paper torn) shall be spent over it as mentioned in the will of my husband. The Akhara and Asthan shall continue as heretofore". The will then provided that the management of the Akhara and the Asthan should remain with Mangli Prasad and authorised Mangli prasad to appoint managers after him from the issues of Mani Ram and thus the management should go on from generation to generation.;