Judgment

Santosh Hegde, J.-Leave granted.

2. Heard learned counsel.

This appeal is preferred against the judgment and decree passed by the High Court of Karnataka in R.S.A. No. 329/1989 dated 24.9.1997. We shall refer to the status of the parties as was in the trial Court.

3. The plaintiff filed a suit for declaration that the suit property is not a wakf property and for consequential directions to delete the suit property from the list of wakf properties. The trial Court as per its judgment dated 16.4.1980 in O.S. No. 5/75 dismissed the suit and the appeal by the plaintiff against the said judgment came to be dismissed by the first appellate court as per its judgment dated 2.1.1989 in RA No. 508 of 1980. The concurrent findings of the two lower courts have been reversed by the impugned judgment of the High Court and the defendant has preferred this appeal before us.

4. The plaintiff claiming to be a Society registered under the Socie­ties Registration Act, 1860 contended before the trial Court that it had purchased the suit property as per two sale-deeds dated 25.7.1921 and 27.9.1921 and is running an educational institution for the bene­fit of the girls of Muslim community. It f