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10. Some facts leading to the present appeals are - Hakim Hafiz Abdul Majid started the business of Hamdard as a sole proprietor in the year 1906. He died on 22.06.1922 leaving behind his wife Mst. Rabea Begum and two sons, Haji Hakim Abdul Hamid and Hakim Mohd. Sayeed. These three executed a Deed on 28.08.1948 in order to manage the affairs of Hamdard. The Deed inter alia when translated in English recites as under:

“1. There shall be at least one or maximum two Trustees (Mutwalli) and if there is one Trustee then he will be given fees of Rs.1 anna from special profit and if there are two Trustees then both will get from the income Rs. 1.5 anna as commission and this right will be beside the share of the family income which according to the terms of the Trust Deed will be obtained by the Trustee or Trustees from his forefather, but till the time owner no. 1 and 2 will remain as the Trustee of the Trust they will not be given any right under this section.

3. In case of death of anyone of the Trustee then the deceased Trustee will be replaced by his eldest son and in case of death of the other trustee he will be replaced by his eldest son and if out of us the trustees anyone son is minor or he is not capable to fulfil the duties of the trustees then till that son becomes major and capable to fulfil the duties of trustees the sol trustee will manage all the works of the Trust alone. After we both trustees till the time whenever there will be two trustees of the trust, their right will be distributed by resolution by Majlis-e-Ayan, but the Majlis-e- Ayan will not have right to decide the rights or increase or decrease the right or to distribute rights of both the Trustees together or separately without any special reason or justification because of which both the trustees or anyone of them cannot perform his duties with full independence or properly.