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2. The defendants to this suit were the surviving trustees nominated under the trust, two other persons who questioned the settlor's right of cancelling the trust and five members of the public who maintained its validity. Under Order 1, Rule 8, Civil P.C., proceedings were taken to make the litigation a representative one. The plaintiff's case, shortly stated, is that the said wakf embodied a sham and fictitious transaction and assuming it to be genuine, the trusts created by it were void for vagueness, indefiniteness and uncertainty and were against public policy and "were not of a charitable nature. The trial Court found that the trust deed was duly executed but the trust created by it was void and unenforceable in law and it gave to the plaintiff the declaration claimed for. Against the said judgment and decree, some of the defendants have preferred this appeal. The deed of wakf is an elaborate document. In the preamble, the settlor expresses his desire to devote his property for charity and he regards national education as the best form of charity and dedicates his property for that purpose. He explains what his conception of national education is. Having done so he appoints a board of trustees consisting, of nine members, including himself, for management and administration of the trust. He then lays down the aims and objects of the trust or wakf which are the establishment of a school and a boarding house and founding of scholarships for foreign education. This is followed by a detailed scheme of management the noticeable features, of which are that the settlor was to remain the managing trustee for his life and after him his foster son Debi Sabai was to remain the managing trustee for life and both of them were to receive 1/3rd of the nett income of the estate for their lives with a right of residence in a house subject of endowment. Provision was also made for the payment of Rs. 500 per mensem as allowances to certain ladies dependent upon him, for the payment of Rs. 100 per mensem for the upkeep of certain temples and for the payment of Rs. 26,800 for debts owing by the settlor. In the end there was a schedule specifying the property endowed which was situated in about fifty villages and also consisted of numerous houses in the districts of Muzaffarnagar, Meerut and Saharanpur and which yielded an annual income of over Rs. 50,000. (Their Lordships proceeded further to state as to how the settlor came to be possessed of the trust property, the circumstances under which the trust was executed and the subsequent acts and conduct of settlor. It is manifest that from its inception to the end not a penny was spent for the purposes of the trust and beyond execution and registration of the deed and mutation of names in Government papers-and change in the form of accounts of the estate and the ostensible management of the estate in the name of trust and holding of occasional meetings of the trustees in which no real business relating to trust was transacted, nothing wag done to promote or carry out the trust or its scheme.

5. On the other hand, at the time when the deed was executed Nand Lai's suit was in the air and that suit undoubtedly had communal support and influence behind it and it was a serious litigation which might well have frightened the settlor who was a man without any education and who had then recently got possession of the estate after a harassing litigation, some of which continued right up to the time of the execution of the deed. A trust for national education would undoubtedly have brought him public sympathy and support and undoubtedly Congress sympathy and support and might well have served in his opinion as a counterblast to the communal support which favoured his opponent Nand Lal. In the view of the settlor and his advisers, such a scheme as is embodied in the deed of wakf could well had been a step-in-aid in warding off and also in the defence of Nand Lal's suit. The fact that the settlor was excommunicated in April 1922, that the settlor got Debi Sahai married twice successively after his excommunication and that at least one of these marriages was solemnized after the execution of trust and that he was anxious even after the execution of the deed of wakf that a male child be born to Debi Sahai so that the child might be a possible successor to the estate and the further fact that not a penny was ever spent in furtherance of the objects of the trust and neither the settlor nor his advisers Yahia and Ali Hasnain had leanings for the Congress, or for education according to the ideals of the Congress and lastly the fact that in Nand Lal's suit of 1923 it was alleged by Nand Lal that the deed of wakf was a fictitious document effected to defeat Nand Lai's claim, lend support to the contention that the transaction was a sham one and was a mere devise to catch public and Congress sympathy. The trust created by the 'wakf' is of a charitable nature and is not governed by the provisions of the Trusts Act and will have to be judged under the provisions of the Hindu law. In Mayne's Hindu Law and Usage, Edn. 10, at p. 925, in discussing the proof of dedication the law on the subject; is stated as follows:

17. Sir Tej Bahadur Sapru's argument on indefiniteness or uncertainty may now be summarised. The settlor had created a trust for national education and for founding and maintaining a school in which national education only was to be imparted. According to Sir Tej national education is a matter about which there may be legitimate difference of opinion and he contends that a Court could not assume administration of sucb a controversial matter. The settlor has given two directions about national education, both of which, according to Sir Tej, are inter, connected, and if one fails the other also falls to the ground. One direction is that national education should be according to the standard laid down by Indian National Congress for propagation of which schools have been established. The second direction is that national education should be free from official control and restriction and should be in vernacular and should inter alia stimulate "spirit of nationalism, love of motherland and piety of character". He contends that there is no evidence that Congress had laid down any standard of national education whatever, and that any national schools founded by Congress or otherwise existed when the wakf was made. Therefore, the direction as to the Congress standard is wholly ineffective and the other direction which hangs on it also fails. He further contends that according to the second direction, education was to be given in vernacular. Now there are so many vernaculars in this country. How is the Court to make a selection? National education was required by the settlor to lay a special emphasis on the "spirit of nationalism, love of motherland and piety of character." There is no known formula or agreed standard by which the education of such a character can be discovered and imparted and in fixing a syllabus for such an education the Court will be involved in a maze of controversy. Lastly, he contends that the settlor directed that the education should be free from official restrictions and management which impliedly excludes the jurisdiction of Court for all purposes including maladministration and indicates that the settlor wanted his trust not to be administered by Court at all, and was consequently of a vague and indefinite nature.

23. In our judgment the trust is not open to an attack on the ground of. vagueness or uncertainty and it is one which, if necessary, can be administered by a Court and no question of making a fresh trust for the settlor arises in the case. The next question is whether the trust is for a non-charitable purpose. In England a trust for political purposes is regarded as non-charitable and consequently indefinite. In Halsbury's Laws of England, Edn. 2, p. 137, para. 178, the law is stated as follows: