V.RAMASWAMI, J.

(1) THESE appeals are brought, by special leave, from the judgment of the High Court of Gujarat dated 5/02/1963 in appeal No. 1009 of 1960 arising out of Civil Suit No. 64 of 1958 filed by Mussamiya Imam Haider Bax Razvi, appellant in Civil Appeal No. 312 of 1966 (hereinafter referred to as the plaintiff) against the respondents in Civil Appeal No. 312 of 1966 and the appellants (excepting the Charity Commissioner) in Civil Appeal No. 313 of 1966 (hereinafter referred to as the defendants).

(2) THE lands in dispute are located in the village Isanpur and form part of a Devasthan inam. The Sanads were created in the name of the ancestors of the plaintiff as the Sarjudanashi of the estate of Shah Alam which was an estate consisting of Roza, a mosque, a grave-yard and several other properties. The estate was last held by the father of the plaintiff who expired on or about 9/03/1948 leaving behind him the plaintiff who was then a minor as his only heir. On 26/08/1948 the Collector of Ahmedabad was appointed as the guardian of the properties of the plaintiff by an order of the District court, Ahmedabad. Subsequently, on or about 15/01/1953, th