( 1 ) IN this Letters Patent Appeal, the only question that arises for consideration is whwther the plaint schedule property is "wakf property .

( 2 ) THE appellant is the first defendant in the suit. The respondent herein - andhra Pradesh Wakf Board - has instituted the suit, O. S. No. 232 of 1973 for recovery of possession of the plaint schedule property ad measuring Acs. 3-00 in s. No. 26 comprised in patta dakhal No,764 in Tadikonda village within the panchayat area of Tadikonda on the averments that the same is wakf property endowed for the maintenance and up-keep of the Ashurkhana at Tadikonda and for performance of Moharram festival every year, that the Mutawallies are performing the Moharram festival annually and that the Muslim public at large is treating the same as wakf property. After the Wakf Act (Act 29 of 1954) came into force, the State Government appointed a Commissioner to survey the Wakf properties and the Wakf Board published a list of wakf properties in the Andhra pradesh Gazette Part II dated 28-6-1962 in which the suit property was shown as wakf property. Alleging that the Mutawallies alienated the suit property in favour of the 1st defendant -