THE NEW COLLEGE, REPRESENTED BY ITS SECRETARY-CUM-CORRESPONDENT, A.A. RASHEED AND ORS. Vs. BASHEER MOHAMMED AND ORS.

JUDGEMENT

(1.) The second defendant in un -numbered suit of 1978 who was the second respondent in Application No. 2231 of 1978 is the appellant in O.S.A. No. 82 of 1978. The third defendant in the said suit who was the third respondent in the said application is the appellant in O.S.A. No. 86 of 1978. The first defendant in the said suit who was the first respondent in the said application is the appellant in O.S.A. No. 87 of 1978. These three appeals arise from the order passed by Padmanabhan, J., in Application No. 2231 of 1978 on 26th July, 1978.

(2.) Application No. 2231 of 1978 was filed by plaintiffs 1 to 5 in un -numbered Civil Suit of 1978 on the file of the High Court (Ordinary Original Civil Jurisdiction) praying for the grant of leave to them for instituting the suit under Sec. 92 of the Code of Civil Procedure. Padmanabhan, J., by his order in the said application, after observing that the question whether the first respondent has been notified to be a wakf by the Wakf Board and whether consequently the suit is not maintainable for want of prior sanction of the Wakf Board is a matter which has to be decided at the time of the trial and not at the stage of considering question whether leave should be granted for the institution of the suit under Sec. 92, Civil Procedure Code and that prima facie respondents 1 and 2 do constitute public trusts, granted lease to the applicants to institute the suit under Sec. 92, Civil Procedure Code.

(3.) Mr. Govind Swaminathan, the learned Counsel appearing for the appellant in O.S.A. No. 82 of 1978 also argued for the appellants in O.S.A. Nos. 86 and 87 of 1978. The learned Counsel submitted that Ss. 2, 4, 5 and 6 of Wakf Act, 1954 (XXIX of 1954) deal with the procedure in respect of declaring certain properties as Wakf properties, Sec. 6(4) of the said Act states that the list of wakfs published under Sub -section (2) of Sec. 5 shall, unless it is modified in pursuance of a decision of the civil Court under Sub -section (1) be final and conclusive. Sec. 55(1) of the Act states: