AGARWALA,J. - (1.) THIS is a plaintiffs first appeal from the judgment and decree of the Civil Judge of Bahraich, and the subject of dispute in this appeal is the taluqdari and non -taluqdari property of one Thakur Asghar Ali who died in 1937.
(2.) TO appreciate the controversy between the parties, the following genealogical table, which is not disputed, will be of considerable assistance. Amir Bakhsh who owned considerable property known as Tipraha Estate in the district of Bahraich, at the time of the annexation of Oudh, died during the Mutiny and was succeeded by his son Thakur Fateh Mohammad who was subsequently recognised by the government as the taluqdar of the Tipraha estate. Thakur Fateh Mohammad died in 1890 without leaving any male issue and on his death his younger brother, Nabi Bakhsh, succeeded him as taluqdar under the family custom and under the provisions of the Oudh Estates Act. Nabi Bakhsh died in 1899 and was succeeded by his only son Thakur Asghar Ali. Thakur Asghar Ali in his life time acquired certain other properties of taluqdari and non -taluqdari character which are detailed in the schedules annexed to the plaint.
(3.) ON the 26 -8 -1925. Asghar Ali executed a deed of waqf -alal -aulad by means of which he created a waqf of his entire property for the benefit of himself, his family and descendants generation after generation. He was to be the mutwalli for his life -time and thereafter his son Mohammad Umar defendant No. 1, and after him his other sons and then his other descendants selected according to the rule of primogeniture. Some amounts were to be paid to charities and as maintenance allowances to the members of his family generation after generation.;