Mookerjee, J. - (1.) The plaintiff appellant is the Commissioner of Wakfs, West Bengal. He filed a suit out of which this appeal arises under section 72 of the Bengal Wakf Act (Bengal Act XIII of 1934) for a declaration that the properties described in the schedule to the plaint were wakf properties and for a further declaration that certain orders passed by the) previous Commissioner of Wakfs had no effect and should be revoked and for the recovery of the property in suit.
(2.) Shortly after the passing of tho Bengal Wakf Act, Nawab Bahadur of Murshidabad filed an application under section 44 of the said Act for the enrolment of & particular wakf. In February, 1936, order was passed accordingly Subsequently the Commissioner of Wakfs was moved for releasing some of the properties included within the wakf, An order was passed declaring some of the properties as nizamat properties, i.e., properties which belonged to the estate of the Nawab Bahadur of Murshidabad governed by the Murshidabad Act. The Commissioner was moved again for the modification of the above order, and those properties were declared as the personal properties of the Nawab Bahadur. After obtaining this order the Nawab Bahadur made a gift of the property now in suit to defendant No. 1 Syed Kazim Ali Meerza, a son of the Nawab Bahadur. On the 25th August, 1942, the successor to the Commissioner of Wakfs who had passed the last order set aside the said direction and requested the Nawab to recover the property. As no effective steps were or could be taken the present suit was filed on the 21st August, 1945, for the reliefs already mentioned.
(3.) A written statement was filed on behalf of Syed Kazim Ali Meerza, defendant No. 1, raising various questions of fact as also of law. Defendant No. 2 Nawab Bahadur did not file any written statement.;