AIR 1937 OUDH 178

Oudh High Court

Hon'ble Judge(s): Srivastava, Ziaul Hasan , JJ

Grant-Interpretation-Whether wakf or personal grant--Muafi for purposes of taziadari recorded in names of three brothers in equal shares with provision that it was to last till life of last holder - Brothers also dealing with property as personal property-Grant held not wakf. Muafi was created for purposes of taziadari and was recorded in names of three brothers in equal shares. It was also provided that the muafi was to last till the life of the last holder. Similarly various khewats recorded the names of the brothers as proprietors and there was also evidence that the brothers were dealing with the property as their personal property: Held : that the property was not made wakf: AIR 1924, P C 109, Rel. on; AIR 1927 Oudh 113, Disting.(Para 179C1)