1. This Court on 12.3.1999 made the following order.

"The second appeal is admitted. Questions (a) and (b) of paragraph 9 of the memorandum of grounds of appeal are the substantial questions to be considered in this second appeal." The said grounds (a) and (b) read as hereunder:

(a) Whether the courts below had jurisdiction to entertain the eviction suit in the light of Ex.B-2 declaratory decree declaring that the properties of Darga are not wakf properties?

(b) Whether the courts below were justified in assuming that the suit properties are wakf properties in the absence of primary document of Muntakhab being produced by the plaintiff and in the teeth of Ex.B-2 decree declaring to the contrary? Learned senior counsel Sri Vilas V. Afzulpurkar, also had pointed out that apart from the said grounds (a) and (b) under 9, ground (c) also may have to be considered and the said ground (c) reads as hereunder.

(c) Whether the courts below were justified in holding Ex.A-1 to A-3 having been proved in law inspite of the fact that the attesting witness was scribe was not examined and the signatures of A-2 cannot be compared by the court without the aid of an exper