P. SATHASIVAM, J.

( 1 ) THIS appeal is preferred by the Tamil Nadu Wakf Board represented by its Chief Executive Officer, Chennai against the final judgment dated 25. 6. 2004 and decree dated 28. 6. 2004 passed by the High Court of Madras in Second Appeal No. 641 of 1996 whereby a learned Judge of the High Court allowed the second appeal reversing the judgment and decree of the first appellate Court and restoring the judgment and decree of the trial Court.

( 2 ) THE facts which are necessary for the disposal of this appeal are as follows: originally the suit property was Wakf property being a part of a Wakf property belonging to one Noor Mohammedsha Aulia darga. One Bahadursha, the 5th Janishan of Noor mohammad Shah Khadari Darga, Panruti conveyed the suit property to his disciple Shabansha and he was in possession and enjoyment of the same through his disciple Larabsha. Larabsha conveyed the suit property to his wife Khathija Bi by way of a Hibba with the intention of doing certain pious, religious and charitable purposes. Khathija Bi conveyed the suit property to her grandson Syed Umar. After the death of syed Umar, his wife Safia Bi was managing the suit property and was perfo