Judgment

SEN, J. :- This appeal by certificate is directed against the judgment of the Rajasthan High Court dated May 4, 1966 holding that inclusion of the disputed property in the list of wakfs published by the Board of Muslim Wakfs, Rajasthan under sub-s. (2) of S. 5 of the Wakf Act, 1954 is not binding on the respondents Nos. 1 and 2, the mortgagee-purchasers and restraining the Board from taking any steps under S. 36-B of the Act for evicting them from the same.

2. The subject-matter in dispute is a two-storeyed building, known as Dharamshala or Musafirkhana, situate on Mirza Ismail Road at Jaipur. The building was constructed by the late Haji Mohammad Ali Khan, a Sessions Judge of the erstwhile Princely State of Jaipur, who owned a considerable estate, on a plot of land admeasuring 5 bighas and 3 biswas obtained from the Mahakma Mansa Aliya Council with the approval of the Ruler of Jaipur under a Patta dated February 23, 1886 for construction of a Heveli and Dharamshala. It appears that Haji Mohammad Ali Khan before his death in the year 1912, had executed two wills, one on February 17, 1910 and the other on July 1, 1911, by which after making several bequests he acknowledged th