P.L. Bhargava, J. - (1.) This is a plaintiff's appeal. The suit, which has given rise to this appeal, was instituted by Syed Zahid Ali, the plaintiff-appellant, against his own brother, Syed Shahid Ali, the defendant respondent for the purpose of obtaining a perpetual injunction restraining the latter from looking after the management of their shares in seven villages, which he described as wakf property and the shares in three other villages, which he claimed as his exclusive property, mentioned in Clauses A and B, at the foot of the plaint and from making collections there from, and also for settlement of account and recovery of his share of profits of the said villages.
(2.) The plaintiff's case was as follows : The property in suit had been made wahf-alal-aulad and he was the mutwalli of the same. The property mentioned in Clause B was exclusively owned by him. The management of the property in suit was in the hands of Syed Wajid Ali, who died in October 1938. Thereafter, at the request of the defendant, the management was entrusted to him (defendant). As the defendant did not manage the property well nor did he render accounts he cancelled the arrangement by means of a notice, dated 14-12-1941. Notwithstanding the notice, the defendant continued making realizations from the property and failed to render accounts.
(3.) The defendant, among other things, contended that the plaintiff was neither the mutwalli of the entire property in suit nor was he the exclusive owner of the entire property mentioned in Clause B; that the property in suit was not under his management is the manner alleged by the plaintiff; on the other hand, by mutual arrangement, he used to get the entire profit realized from the property for his pocket expenses; and that he was a co-sharer in the property and the suit was not cognizable by the civil Court.;