JUDGMENT

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 constituted 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 not 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 Batcha Mohindeen died in the year 1935 leaving behind two sons and three daughters, who partitioned the trust property among themselves; that Wakf Board, on being constituted in the year 1954, a survey was made and a notification 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 filed by the appellant for recovery of possession of the suit property and for future mesne profits till delivery of possession with costs.

2. On behalf of