( 1 ) COMMON questions arise in these two appeals which arise out of O. S. No. 34 of 1974. A. S. No. 57 of 1976 is preferred by the sole defendant; while A. S. No. 45 of 1977 is preferred by the only plaintiff in the suit The suit was laid by the plaintiff-wakf Board, for recovery of possession of the suit property which is of an extent of three acres in nellore town. The plaintiffs case is that the suit property was endowed since time immemorial for the upkeep and performance of mouzan service in the Abbas Ali Khan Masjid. The grant was made to the mosque and was meant for ensuring service of Mouzan enjoys the income from the suit property. It is stated that the incumbents of the office of Mouzan have unauthorisedly alienated the suit property in favour of the defendant who has no right to be in possession thereof. It is submitted that the sale in favour of the defendant is illegal, incompetent and void. The suit was filed within the extended time provided by the public Wakfs (extension of Limitation) Act, 1959 (hereinafter referred to as the extension Act ).

( 2 ) THE defendant resisted the suit contending that the suit property is not a wakf property, it is a personal inamgrante

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