MALIK, J. - (1.) THESE six appeals arise out of three suits and the first three of them have been tiled on behalf of the plaintiffs in the three suits and the other three on behalf of the defendant.
(2.) SUIT No. 566 of 1941 was filed by Syed Maqsood Ali, alias Arif Ali, against Syed Zahid Ali. It was decided by the Additional Civil Judge on the 27th November, 1942, and the District Judge on the 20th of March, 1946. Against the decree of the lower appellate court the plaintiff has filed the Second Appeal No. 2273 of 1946 and the defendant has filed the Second Appeal No. 84 of 1947. Suit No. 581 of 1941 was filed by Syed Sadiq Ali against the same defendant, Syed Zahid Ali. It was decided by the Additional Civil Judge on the 27th November, 1942, and the District Judge on the 20th of March, 1946. Against the decree of the lower appellate court Second Appeal No. 2274 of 1946 has been filed on behalf of the plaintiff and Second Appeal No. 83 of 1947 on behalf of the defendant.
(3.) SECOND Appeal No. 2277 of 1946 has been filed by the plaintiff Shahid Ali and Second Appeal No. 2612 of 1946 by the defendant Zahid Ali against the decree in Civil Appeal No. 6 of 1943, arising out of Suit No. 483 of 1S42. It will probably be convenient to take up all these appeals together and dispose them of by one judgment. To explain the facts of the case it will be necessary to give the relevant portion of the pedigree of the family of Syed Shah Qayam Uddin. Amna Bibi, wife of Wajid Ali, executed two deeds of waqf, the first dated the 10th of December, 1920 and the second dated the 22nd of December, 1920. Under these deeds she purported to make a waqf of her entire property. The mutwalli appointed under these documents was Syed Zahid Ali and the beneficiaries were to be first her son Mohammad Ali and his descendants and failing them the descendants of Syed Qayam Uddin. As to who the beneficiaries are and what are their shares is a point in dispute. We will deal with this point in greater detail when we come to determine the shares of the plaintiffs. ;