K.S. HEGDE, J.

(1) THIS is a defendants appeal by special leave. The suit from which this appeal arises is one for damages. The plaintiffs case is that they are the owners of a plot named Badi Takia. On 27/02/1959, defendants Nos. 3 and 4 brought a tazia from their house and kept the same in a portion of Badi Takia (the place where they kept the tazia is shown in the plan produced into court). Despite the plaintiffs protest the defendants did not remove the tazia. Hence the plaintiffs were constrained to bring the suit claiming damages. The defendants denied the plaintiffs title to Badi Takia. Their case was that Badi Takia was a wakf property; the plaintiffs were in possession of the same in their capacity as Mutawallis. Hence the defendants had a right to place the tazia. Two questions arose for decision before the Trial court. They are: (1) whether the plaintiffs have title to Badi Takia and (2) if they were the owners of the property, whether there has been a wakf of Badi Takia or any part thereof. The Trial court came to the conclusion that the plaintiffs were the owners of Badi Takia and there has been no wakf of the same. In appeal the learned District Judge agreed wi