An attempt made in the High Court on behalf of the defendant to support dismissal of the suit by the trial companyrt as well as the first appellate companyrt on the ground that the suit property was number a wakf, was rejected on merits by the High Court.
The suit property companysists of 1.89 acres of land which was alienated in favour of the original defendant, number represented by the LRs, by Sheik Dawood on May 22, 1946 for a sum of Rs 300 only.
790 of 1967 filed in the companyrt of the District Munsif of Pattukkottai.
The suit land was a part of the Wakf property, the Wakf being created by the ancestors of the husband of Ibrahim Bivi Ammal through whom Sheik Dawood, her son, claimed under a will.
The suit giving rise to the civil appeal was filed by the Wakf Board on August 14, 1967 for recovery of possession of the suit land alienated by Sheik Dawood in favour of the original defendant.
This appeal by special leave is by the defendants against the judgment of the Madras High Court by which the second appeal was allowed resulting in the suit filed by the respondent for recovery of possession of the suit property, being decreed.
The impugned judgment is a companymon judgment rendered in several second appeals but this civil appeal relates only to the second appeal arising out of Original Suit No.
Sheik Dawood died sometime in 1953.
This has given rise to the present appeal.
