JUDGMENT

K.G. Balakrishnan, J.-Both these appeals raise common questions of law; hence they were heard jointly and are being disposed of by a common judgment. Under Section 4 of the Wakf Act, 1954, the Survey Commissioner of the State of Karnataka conducted a survey of Wakf properties existing in the State of Karnataka. After the survey was over, a list of properties of Wakf was prepared under Section (5) of the Act and the same was published in Official Gazette by Notification on 8.7.1976. In the said notification, property comprising CTS No. 34B in Ward No. VI of Bijapur city was included as an item of Wakf property. So also, property bearing Survey No. CTS 34/A2 situated in Ward No. VI in Bijapur city with a building thereon was included as an item of Wakf property. After this notification, the Department of Education, represented through Deputy Director of Public instructions of the State of Karnataka, filed Original Suit No. 1/1981 on the file of the Additional Civil Judge, Bijapur, against the present appellant Karnataka Wakf board and four others, for declaration that the inclusion of the property bearing CTS No. 34B in Ward No. VI of Bijapur city as Wakf is illegal and