K. S. SHRIVASTAV, J.

( 1 ) PLAINTIFFS are the appellants. Suit for declaration that the 1st respondent had no jurisdiction to grant Towliath (succession) in favour of the 2nd defendant-respondent and, therefore, its order dated 6-4-1997 is illegal and void, has been dismissed.

( 2 ) THE facts giving rise to this appeal may be briefly stated as follows: there is a Mosque popularly known as the jama Mosque at Yellandu and this Mosque owns 25 malgis. The grandfather of the second respondent, namely Mohammed Khasim since deceased, was the Muthvalli and Secretary of the jama Mosque and used to manage the affairs of the Mosque and Malgis. After coming into force of the Wakf Act, 1954 (for short the Wakf Act ), the wakf Board had taken over the supervision of the Mosque and the Malgis. On 19-2-1935 late Mohammed Khasim executed a Wakf Deed, Ex. A-16 in Urdu (translated copy in English of the same is at Ex. A-17), whereby he declared that after his death his elder son and after his death his son would become muthvalli of the Mosque and in the event there is no son of his elder son, the Government would be free to appoint anybody. After his death on 7-3-1952, his elder son, that is the

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