Mr. Ameer Ali. - The question for determination in this appeal lies within a very small compass, and turns upon the construction of the word waras or "heir" used in a wakfnama or deed of dedication, executed by one Mir Imam Bux on the 5th May 1874. It appears that Imam Bux had a step-sister, Bibi Peary Begum, who died in 1873. She left no heir entitled under the Mahammadan Law to her in heritance, excepting the half-brother Imam Bux. Peary Begum appears to have brought up as foster sons two boys named respectively Mian Mehdi Husain and Mian Tasaduk Husain, and on the death of Peary Begum disputes arose between Imam Bux and these two young men respecting the property left by her. These disputes were compromised, and on the 5th May, 1874, Imam Bux, as owner of the property left by Peary Begum, executed the wakfnama on which the present suit is brought. The parties are governed by the Shiah (Imamia) Law. By this document he dedicated a part of the property to various religious pur poses, including a mosque and khankah, and appointed Mehdi Husain to be the mutwalli or curator thereof. He similarly dedicated another part of the property to identical objects, and appointed Tasaduk Hussain to be the mutwalli of this wakf. He also appointed his own son Syed Amjad Ali as naib or deputy mutwalli. The pro vision relating to the management of the two wakfs is as follows :- "The management, including the col lection of the entire wakf estate, the dis tribution of the allowances to the persons receiving the same, both in perpetuity and for life, the appointment and dismissal of servants, and the payment of Government revenue, shall be made in con sultation with all three persons, viz., the two mutwallis and the naib mutwalli nam ed above. The mutwalli Syed Medhi Hussain shall be at liberty to appoint on his own authority, and at any time he pleases, a competent person as his assistant mutwalli for the efficient management of the affairs of the tauliat." Regarding the application of the income of the wakfs Imam Bux made the follow ing provisions :- "All the three persons together will, from the savings of the wakf property, continue to pay the allowance for the maintenance of all persons named herein below, viz., those for whom it is fixed in perpetuity, generation after generation, and those for whom it is fixed for life only - those for whom the allowance is fixed to be paid for ever, shall continue to get it from the above income as long as their lives continue while those for whom it (the allowance) is fixed for life only shall get it until their death. Out of the savings of the income of the wakf estate Syed Mehdi Hussain, the mutwalli of the Masjid and the Khankah at Bhagalpur, shall receive an allowance of Rs. 50 per mensem; Syed Tasaduk Hussain the mutwalli of the Imambara of Bhagalpur, the Masjid at Mahanpur, and the Imambaras at Pirpainti, etc., mentioned above, an allowance of Rs. 20 per mensem; and Syed Amjad Ali, the naib mutwalli, an allowance of Rs. 10 per mensem, for the efficient discharge of their duties as mutwallis and naib-mut walli, and for management of the endow ment properties." Medhi Husain died in 1876, and on his death his widow Umda Begum succeeded to the tauliat or gover nance of the wakf that had been entrusted to him under the wakfnama. Umda Begum died on the 15th May, 1912, survived by a daughter named Mahamdi Begum and a grand-daughter, the present appellant. In the ordinary course and in accordance with the provisions of the wakfnama, the daughter would be entitled to the tauliat but she was found to be non compos mentis. The grand-daughter thereupon claimed the office of mutwalli. The plaintiff, Diljan, a son of Imam Bux, dis puted her title, alleging that as Mohamdi Begum, the direct heir to Umda Begum, was insane and incompetent to be the mutwalli, the tauliat had passed to the line of the dedicator. The Revenue Courts accepted Akhtari Begam's claim, and she obtained possession of the wakf estate held by her grandfather. The plaintiff, Diljan, a son of Imam Bux, dis puted her title, alleging that as Mohamdi Begum, the direct heir to Umda Begum, was insane and incompetent to be the mutwalli, the tauliat had passed to the line of the dedicator. The Revenue Courts accepted Akhtari Begam's claim, and she obtained possession of the wakf estate held by her grandfather. The present suit to oust the defendant from the governance of the wakf was insti tuted by Diljan on the 13th March, 1914, in the Court of the Subordinate Judge of Bhagalpur. The defendant, Akhtari Begam, denied the plaintiff's title, asserted that as the next in the line of descent, according to the Shiah (Imamia) Law, owing to her mother's incompetency, she was entitled to the tauliat under the wakfnama. The Subordinate Judge, after a careful examination of the language and the pro visions of the wakfnama, held against the plaintiff's claim and dismissed the suit. He summed up his finding in the follow ing words :- There cannot be any doubt that the defendant is a competent person to hold the post of a mutwalli. She is a literate woman, and she can understand accounts. Moreover, when her grandmother, Umda Begam, who was illiterate, could be con sidered competent for that, the defendant is much more competent. She lives at Bhagalpur for the most part, and she can always have the help of her husband. This issue, viz., the issue as to competency, is found in defendant's favour. On appeal to the Patna High Court by the plaintiff, the learned Judges took a wholly contrary view. They thought that the word "heir" used in the wakfnama applied strictly to the person entitled to take in direct succession to the deceased mutwalli. In coming to this conclusion they seem to have placed somewhat undue reliance on the words "waris sharye" or "legal heir," used in another part of the document. They thought the expression "legal heir" indicated that the wakf meant that the tauliat should go to the direct heir of the deceased mutwalli, and if such heir was incompetent it was to revert to the dedicator or his heirs. They thought the expression "legal heir" indicated that the wakf meant that the tauliat should go to the direct heir of the deceased mutwalli, and if such heir was incompetent it was to revert to the dedicator or his heirs. They accord ingly held that on the death of Umda Begam, her daughter being of unsound mind the descent in the line of Mehdi Husain ceased, and the wakf reverted to Imam Bux's heirs, and they accordingly reversed the order of the Subordinate Judge and made a decree in favour of the plaintiff Diljan. In this connection it should be noted that under the Shiah Law daughter's children and descendants are not excluded from inheritance in favour of agnatic collaterals; nor does a disqualifying cause which excludes the direct heir from taking the inheritance form a bar, under the Mahommedan Law to the succession of the nest heir, the heir presumptive. The grand-daughter is thus as much a legal heir under the Shiah Law as the daughter. Their Lordships are of opinion that the learned Judges of the High Court, in com ing to the conclusion at which they arrived, overlooked the passage in which Imam Bux laid down the rule providing for the succession to the office of mutwalli. That rule is in these terms :- "In the event of slackness, negligence or discovery of misappropriation on their part, I or my heirs shall be at liberty to dispense with the services of the said mut walli, and in case of death or dismissal of any mutwalli, if any heir belonging to the Imamia sect and competent enough to ad mister the wakf property be not left to the mutwalli, the naib mutwalli, shall suc ceed him as mutwalli, and a naib mutwalli shall be appointed from among his (naib-mutwalli's) heirs. In the event of no heir of the mutwallis and the naib-mutwalli being found fit to manage the wakf pro perty, selection shall be made of a com petent person from among the heirs of me, the executant. If, God forbid, no heir of mine near or remote be found, the authori ties for the time being shall be competent to appoint a suitable person belonging to the Imamia sect to administer the wakf property mentioned above. If, God forbid, no heir of mine near or remote be found, the authori ties for the time being shall be competent to appoint a suitable person belonging to the Imamia sect to administer the wakf property mentioned above. But so long as the mutwallis and the naib mutwalli aforesaid shall manage the affairs of the wakf estate faithfully and efficiently, no one shall question (the tenure of the offices by the mutwallis) or be competent to complain (urge their dismissal, nor shall they be dismissed) unless the complaint is substantiated before the authorities for the time being." It will be seen from the above that in the event of "slackness, negligence or discovery of misappropri ation on the part of the mutwallis," power is reserved to Imam Bux and his heirs to dispense with their services. At the same time it is distinctly provided that "in case of death or dismissal" (for causes already recited) of any mutwalli, the succession to the office should go to the heir of the deceased; and that when no heir "belonging to the Imamia sect, and com petent enough to administer the wakf," is left to the mutwalli that the naib-mutwalli shall succeed him as mutwalli, and a naib mutwalli shall be appointed from among his (the naib-mutwalli's) heirs. It is only in the event of no heir of the mutwaili and the naib mutwalli being found fit to manage the wakf property, that selection is to be made of a competent person from among the heirs to the wakf. In their Lordship's opinion this passage in the wakf nama clearly shows that so long as the deceased mutwalli leaves a relation com petent to inherit to him and otherwise qualified to administer the wakf, the office of mutwalli cannot revert to the dedicator's heirs. The English oases referred to by the learned Judges of the High Court have, in their Lordships' opinion no bearing on the present controversy. The Subordinate Judge in this case has found clearly on the evidence that the defendant was competent to carry on the administration, and their Lordships do not find anything in the record to suggest to the contrary. The Subordinate Judge in this case has found clearly on the evidence that the defendant was competent to carry on the administration, and their Lordships do not find anything in the record to suggest to the contrary. They think, therefore, that the judgment and decree of the High Court should be reversed, and that of the Subor dinate Judge restored, with costs in the High Court and of this appeal and they will humbly advise His Majesty accord ingly. Appeal allowed.