MALIK , V.BHARGAVA, CHATURVEDI, J. - (1.) THESE two appeals were referred to a bench of five Judges by a Division Bench of this Court on the 7th of February 1951.
(2.) THE appeals arise out of two suits relating to a wakf created by Sohani Begam. A small pedigree will help in understanding the facts of this case. On the 23rd of March, 1329, Sohani Begam executed a wakf alal aulad under which she constituted herself as the first mutwalli and, after her death, her daughter. Malka Mehar Nigar Begam, was to be the next mutwalli. The relations, however, between the mother and the daughter grew strained and, on the 29th of November, 1938, Sohni Begam executed another document under which she purported to cancel the provision relating to the appointment of mutwalli after her. On the 14th of December, 1943, Sohani Begam died and disputes arose between Malka Mehar Nigar Begam and Khalil Ahmad about the possession of the wakf property. Malka Mehar Nigar Begam filed a suit, out of which the First Civil Appeal No. 123 of 1944 has arisen, for a declaration that she was the duly appointed mutwalli of the wakf property.
(3.) THE suit was resisted by Khalil Ahmad on the grounds, among others, that the wakif was entitled to revoke the nomination made by her in the wakf deed of 1929 and to appoint him mutwalli under the document of 1938, and that the recognition by the Sunni Central Wakf Board of Khalil Ahmad as mutwalli was conclusive and he must, therefore, be held to be the mutwalli of the property.;