JUDGMENT 1. The Plaintiff-Appellant sued as the mutwalli of a wakf estate, to eject the principal Defendants from a osat raiyati holding. The Defendants pleaded that the wakf was not a valid one, and both the Courts below have given effect to the contention on the ground that the main portion of the estate is devoted to the maintenance of the family of the settlor, and that the religious and charitable purposes are only subsidiary. The question for decision in this Appeal is whether the wakf is valid and the solution of the question depends upon the construction to be put upon the wakfnama and the true intention of the wakif Amjad Ali as appearing in it. 2. In the preamble of the wakfnama the settlor, after reciting that he had a wife and 3 sons and 5 daughters and that his end was almost near, says " the most proper, nay, the real duly in life, is to do acts for the pleasure of the all-merciful Providence as well as for the welfare and blessings in the next world. It is very probable, that in my absence all religious acts will cease, on account of an easy destruction of all the aforesaid properties consequent upon family dissensions amongst the numerous heirs of mine mentioned above. In these circumstances it is my duty to put things in good order even now and make arrangements which will secure the performance of religious acts and be the source of blessings in the next world. after keeping some of my immoveable properties in my own hands for my own main enhance, as well as for other purposes, I, out of my own free will, in full possession of my senses, in good health, coolly, and with sincere heart, do execute this deed of wakf in the name of God, i.e., dedicate to him for the welfare of myself and my heirs, and on the strength of this wakfnama, I do hereby promise and declare, that with respect to the wakf properties, i.e, all the properties either in my own name or benamee included in the schedule below all the rules laid down below shall remain valid and operative for all time to come. Neither myself, nor my hies, nor any body in my place, shall ever be able to raise any objections or make any alterations, if done, they will be rejected." 3. Neither myself, nor my hies, nor any body in my place, shall ever be able to raise any objections or make any alterations, if done, they will be rejected." 3. By paragraph I of the deed, the eldest son of the settlor who is described as educated, active, intelligent and of a religious disposition is appointed mutwalli. Paragraph 2 provides that on the death of the eldest son his other sons in order of seniority will be mutwallis, and similarly, among the heirs of the members in the line of the settlor, the person who will be regarded as fir, capable and of a religious bunt of mind, will be mutwalli and failing that any one from amongst the numbers of the Mohammedan community of good descent, whether a neighbour or gifted with good qualities, shall be selected and appointed mutwalli. The 3rd para graph provides that if the mutwalli be found guilty of laches or misconduct the succeeding mutwalli shall have a right to corns in as mutwalli in his place, and if a mutwalli be found guilty in a Court of law he will be dismissed and another appointed in his place. 4. The 4th paragraph is the most important. It states that the net income of the wakf property, after deducting the collection and other charges, is Rs. 464 and provides that his wife and each of his children will get an allowance of 36 rupees annually and that the mutwalli shall spend Rs. 140 annually towards the expenses of supplying oil and light in the mosque of the Almighty for his pleasure, the pay of one Khatib, and the' expenses of sending of pilgrims to Mecca, and those relating to Ramjan Sarif and other similar acts of religion and charity. 5. The 5th paragraph enjoins the mutwalli to prepare an account at the end of every year, and declares that his wife and children shall be entitled to demand an account from the mutwalli. The 6th paragraph lays down what would be considered as laches and misconduct on the part of the mutwalli. The 7th paragraph states who will act as guardian of his minor children and draw their allowances. The 6th paragraph lays down what would be considered as laches and misconduct on the part of the mutwalli. The 7th paragraph states who will act as guardian of his minor children and draw their allowances. The 8th paragraph provides that if any portion of the wakf properties be acquired by the Government or any other authority, the compensation money which may be allowed, will be invested by the mutwalli in purchasing immoveable properties and the same will be regarded as part of the wakf properties. The 10th paragraph provides that if for any reason the income of the properties be reduced, the annual allowances will be reduced in proportion to the diminution of the income, but that if the income of the wakf properties increase, the allowances and the amount to be spent in the service of God will also be increased in the same proportion. 6. It will be seen that Rs. 140 is to be spent for religious and chary able purposes, and although the allowances to the wife and children will have to be reduced in the event of the income of the estate being reduced, there is no provision that the amount to be spent for religious and charitable purposes is to be reduced for any reason, though the amount may be increased with the increase of the income of the estate. The other provisions do not indicate that it was an illusory dedication. It is true about two-thirds of the income are to be paid as allowances to the wife and children of the settler, and only about a third is to be spent for religious and charitable purposes. It is not clear whether the annuities to the members of the settler's family were intended to be made heritable, but even if they were, they are fixed sums, and as the entire property is dedicated as wakf the annuities must in the course of time on the extinction of the line of the children lapse into the wakf estate and the deed provides for increase in the expenditure for religious and charitable purposes on the income of the estate being increased. It therefore appears to be a real dedication of the property to wakf, subject to a charge upon the prof's of the estate of certain annuities. 7. In the case of Mohamed Ahsanulla Chowdhry v. Amarchand Kundu I. L R. 17 Cal. It therefore appears to be a real dedication of the property to wakf, subject to a charge upon the prof's of the estate of certain annuities. 7. In the case of Mohamed Ahsanulla Chowdhry v. Amarchand Kundu I. L R. 17 Cal. 498 (1889) the Privy Council said as follows: Their Lordships do not attempt in this case to lay down any precise definition of what will constitute a valid wakf or to determine how far provisions for the grantor's family may be engrafted on such a settlement without destroying its character as a charitable gift. They are not called upon by the facts of this case to decide whether a gift of property to charitable uses, which is only to take effect after the failure of all the grantor's descendants is an illusory gift, a point on which there have been conflicting decisions in India. On the other hand, their Lordships think there is good ground for holding that provisions for the family out of the grantor's property may be consistent with the gift of it as wakf. On this point they agree with and adopt the views of the Calcutta High Court stated by Mr. Justice Kemp in one of the cited cases, Muzhurval Huq v. Puhtaj Ditarey Mohapatter 18 W. R. 255. After stating the conclusion of the Court that the primary objects for which the lands were endowed were to support a mosque and to defray the expenses of worship, and charities connected therewith, and that the benefits given to the grantor's family came after those primary objects, that learned Judge says :- We are of opinion that the mere charge upon the profits of the estate of certain items, which must in the course of time necessarily cease, being confined to one family, and which after they lapse, will leave the whole property intact for the original purpose for which the endowment was made, does not render the endowment invalid under the Mohammedan law. On the other hand, they have not been referred to, nor can they find any authority showing that according to Mohammedan law, a gift is good as a wikf unless there is a substantial dedication of the property to charitable uses at some period of time or other." In the case of Deoki Prasad v. lnaitullah I L. R. 14 All. 376(1692). 376(1692). where the object of the wakfnama, was firstly to provide for the support of the descendants and kindred of the grantor who might be in great want and need of support and the surplus of the income of the property was to go to purposes which were undoubtedly religious purposes, the learned Judges held that it was a good wakfnama. In the case of Majibunnissa v. Abdur Rahim I. L. R. 38 All 239 at p. 242(1809) the rule is succinctly stated '' Their Lordships have however considered the question whether the deed is according to its terms a valid deed of wakf. It will be so if the effect is to give the property in substance to charitable uses. It will not be so if the effect is to give the property in substance to the testator's family. 8. It is sometimes difficult to draw the line between a substantial dedication to charitable or religious purposes and the giving of the property in substance to the testator's family. In the case of Phul Chand v. Akbar Yar Khan I. L. R. 19 All. 211 (1896) appeared that about Rs. 500 per annum was to be applied to charitable purposes out of an average income of Rs. 850, and this was considered sufficient to constitute a valid wakf. On the other hand, in the case of Majibun-nissa v. Abdut Rahim I. I.. R. 23 All. 233 (1900). the amount of religious and charitable expenditure was left entirely to the discretion of the mutwalli; and was clearly subordinated to the main purpose of family endowment. 9. The question must however be decided upon a consideration of all the facts and circumstances of each case. It cannot be said in the present case that the deed is designed for the aggrandizement of the family property or for keeping it perpetually in the hands of the family. Taking all the provisions of the wakfnama into consideration we are of opinion that the wakf is valid under the Mohammedan law. 10. In this view, it is unnecessary to consider whether the provisions of Act VI of 1913 apply to the present case. The Appeal is accordingly allowed. The decrees of the Courts below are set aside and the suit is remanded to the Court of first instances for a trial on the merits. Costs to abide the result.