JUDGMENT :

A.S. BOPANNA, J.

1. The appellant No. 1 is the Andhra Pradesh State Wakf Board, while the appellant No. 2 is the Mutawalli of the registered Wakf institution which is known as Graveyard Mir Rahmat Ali Shah. The said Wakf institution is stated to have been registered under Muntakhab bearing No. 998 dated 24.02.1953 and later entered in the book of endowment showing an extent of 666 sq. yards. The Muntakhab was amended by the Wakf Board in its resolution dated 21.04.1988 to the extent of correcting the land of the Wakf institution as 998.66 sq. yards and the same was published in the gazette notification dated 29.12.1988. The wakf institution/graveyard is situated near Tek Masjid, Nampally, Hyderabad.

2. The father of appellant No. 2, Late Mir Dawood Ali was the Mutawalli appointed by the Wakf Board, whose name is recorded in the gazette referred to above. The appellant averred that during the lifetime of the father of appellant No. 2, the father of the respondent, namely, Late M.A. Qayyum had obtained on rent the premises bearing Municipal No. 5-7-420/2 measuring 90.16 sq. yards belonging to the Wakf institution. The father of the respondent was running a firewood stall whic