TAMIL NADU WAKF BOARD Vs. DAWOOD BI

JUDGEMENT

(1.) THIS is a second appeal against the learned Third Additional Subordinate Judge of Tiruchirapalli, allowing A. S . No. 196 of 1976 and reversing the judgment and decree of the learned Third Additional District Munsif, Tiruchirapalli in O. S. No. 1676 of 1973. The suit was instituted by the appellant (Tamil Nadu Wakf Board, by its Secretary) for a declaration of title and recovery of possession of an extent of 9" X 17" comprised in Door No. 26 situate in ward No. 4 Block No. 2 T. S. No. 44 in Tennur Village, Tiruchirapalli Taluk, on the allegation that the property belongs to the wakf known as Fathahulliah Saheb Dargah Wakf alias Zainullbideen Aulia Dargah, Tennur, Tiruchy, and was wrongfully alienated by the muthavalli.

(2.) THE defendant contended that the property is not a wakf property and that the suit is barred by limitation.

(3.) THIS appeal has been admitted on a question of law formulated thus: Whether the dismissal of the suit by the first appellate Court is wrong on its own finding that the suit property is a wakf property"