Randhir Singh, J. - (1.) This is a Defendant's appeal arising out of a suit brought by the Plaintiffs -Respondents against the Shia Central Board of Waqfs, for a declaration that the waqf dated the 15th August, 1936, executed by Nawab Afrozunnisa Begum in respect of properties detailed in the plaint was not subject to the provisions of the U.P. Muslim Waqfs Act (XIII of 1936) and for the removal of the Defendant from the management of the waqf. The Plaintiffs also claimed a refund of Rs. 282/12/ - realised by the Defendant as contribution.
(2.) It appears that a waqf -deed was executed by Nawab Afrozunnisa Begum on the 15th August, 1936, in respect of certain properties. The main item of property which was the subject -matter of the waqf was an allowance of Rs. 278/9/9 1/3 per mensem which was received by Afrozunnisa Begum from one Dharam Chand Lal. The waqf property also comprised of certain houses and an Imambara. Afrozunnissa Begum has in the waqf -deed mentioned the details of the expenses to be incurred, and the annuities to be paid to the waqif and her descendants and to other charities.
(3.) After this waqf had been created, the Muslim Waqfs Act, 1936, came into force sometime in 1937. Under Sec. 4 of this Act, a survey of the waqfs then existing was to be made by a certain agency prescribed in the Act and the Waqfs which were not excluded by the provisions of Sec. 2, Muslim Waqfs Act were to be controlled and supervised by the Waqf Boards. Those which relate to Shia Muslims were to be supervised and controlled by the Shia Central Board of Waqfs. The waqf created by Afrozunnissa Begum was found by the Waqf Commissioner to be a waqf which was subject to the Muslim Waqfs Act of 1936. By notifications made in September 1945 the Board assumed direct management of the waqf in suit and contributions payable under Sec. 54, Muslim Waqfs Act were also realised out of the income of the waqf by the Defendant.;