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Yusufally Gulamhussein And Anr. vs Yusufally Cassamally And Anr. on 12 April, 1951

(10) In -- 'Tyebhoy Essofalli v. Collector of Ahmedabad', 45 Bom L R 1055 the Court was concerned with a mixed 'wakf', that is one part of the 'wakf' was public, inasmuch as provision was. made for immediate dedication of a part of the income of property of the settlor for purposes' charitable, pious or religious, and for the balance a private 'wakf' was created, in that there was provision made for the maintenance of the descendants of the settlor with an ultimate benefit to charity; and it was held that to the extent to which them was a public 'wakf, by an immediate reservation of benefit for charity, the requirements of Section 2, Clause (e) of the Mussalman Wakf Act, XLII of 1923, as amended by the Mussalman Wakf (Bombay Amendment) Act, XVIII of 1935 were satisfied.
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