V MOHAMED MOHIN Vs. MADRAS STATE WAKF BOARD

JUDGEMENT

(1.) THESE second appeals have been filed by the plaintiff in two suits: O. S. No. 309 of 1960 and O. S. No. 716 of 1960, which were tried together by the learned district Munsif, Vellore. The suit O. S. No. 716 of 1960 concerns a wakf deed dated 7-10-1940, Ex. A-32, executed by one Rukhia Bi Sahiba, and the suit, O. S. No. 309 of 1960, concerns another wakf deed, Ex. A-22, dated 4-8-1941, executed by her. The Wakf Board constituted under the Wakf Act, 29 of 1954, notified them as wakfs under the Act. The plaintiff brought the suits for declaration that the properties mentioned in the deeds are not wakf properties and not liable to be notified under the Act. His contention was that Rukhia Bi did not really intend these documents to come into force and that they were not also valid as wakfs. The learned District Munsif held against him on both these points and dismissed the suits. The appeal preferred by the plaintiff to the learned. Subordinate Judge also failed. Hence, this further appeal.

(2.) BEFORE proceeding further, it would be convenient to give a free translation of the two deeds in so far as they are material. Ex. A-32 dated 7-10-1940:

(3.) RUKHIA Bi died on 27-4-1952. Dadamian Sahib and his wife mentioned in Cl. (3) of Ex. 32 died even in 1945. As stated above, the plaintiff is the brother's son of Rukhia Bi. The Wakf Board issued notices Exs. A-5 and A-6 dated 9-2-1959 to the plaintiff treating him as the Mutavalli in respect of the two wakfs. They called ex. A-32 as Rukhia Bi Wakf and Ex. A-22 as wakf-alal-aulad.