Judgment

V.N. Khare, J.-This appeal is directed against the judgment of the High Court of Andhra Pradesh dated 6.8.84 passed in Appeal No. 89 of 1976 whereby the High Court allowed the appeal and decreed the origi­nal suit filed by the first respondent herein.

2. The facts leading to the filing of the civil appeal are these :

3. The first respondent herein is the Andhra Pradesh Wakf Board (hereinafter referred to as the “Wakf Board”) constituted under the Wakf Act (hereinafter referred to as the “Wakf Act”). The Wakf Board is entrusted with the duty of administering and supervising all wakfs within the State of Andhra Pradesh, whether created before or after the commencement of the Wakf Act. One of such Wakfs is by the name “Syed Ali Ishaq Madina Vali Dargah” having about Ac. 358-53 cts. land in Devada Mokhasa village covered by Title Deed No. 42. It was alleged by the Wakf Board that the aforesaid property was endowed by the Nizam of Hyderabad for support and the services of the Dargah in the port area of district Visakhapatnam. It was further alleged that, from the property the income was being utilized for the maintenance and per­formance of services of the said Dargah from time im