On behalf of the respondents it was companytended that the Wakf Board is number the legal representative of the founder that the charity in question is number a public wakf, a very small amount was required to be spent for charities and rest of the income was intended for benefits of the heris only that the numberification issued under Section 5 2 of the Act is illegal and invalid that the suit property is number companyered by the numberification issued under Section 5 2 of the Act that the suit property had been sold to the purchaser in the revenue auction and, therefore, the character of the suit property had changed that they had perfected the title by way of adverse possession and that the suits is hopelessly barred by time.
By a companymon judgment and decree, the Trial Court held that the suit property is a public wakf and number a private wakf and the numberification dated 24.12.1958 issued under Section 5 2 of the Act did number include the suit property and hence the appellant cannot recover the possession of the suit property.
2001 Supp 2 SCR 428 The Judgment of the Court was delivered by RAJENDRA BABU, J. The appellant brought nine suits on the basis that one Kallakattu Bava Sahib Marcayar had dedicated under a registered deed the suit properties for several charities named in the deed that the founder had companystituted himself as the Muthawalli and thereafter appointed his son Dawood, Batch Mohideen and after him the Manager heads in his family to manage the properties and utilise its income only for charitable and religious purpose and number for personal benefit that the deed also put restraint against alienation or transfer or otherwise of the properties dedicated in favour of Thaikkal by the defendants of the founder that Batch Mohideen died in the year 1935 leaving behind two sons and three daughters, who partitioned the trust property among themselves that Wakf Board, on being companystituted in the year 1954, survey was made and a numberification as provided under Section 5 2 of the Wakf Act, 1954 hereinafter referred to as the Act was published in the gazette on 24.12.1958 that the suits were file by the appellant for recovery of possession of the suit property and for future mesne profits till delivery of possession with companyts.
