( 1 ) THIS appeal by the plaintiff is directed against the judgment and decree dated 9-4-1976 passed by the Civil Judge, raichur, in RA No. 120 of 1975, on his file, dismissing the appeal, on confirming the judgment and decree dated 18-8-1975 passed by the Munsiff, Raichur, in OS No. 519 of 1972 on his file, dismissing the suit of the plaintiff for possession.

( 2 ) PLAINTIFF insti tuted the suit for possession of the suit shop. The suit shop is a Wakf property created by the Muslims for the benefit of Masjid Kotatlar, Raichur. Plaintiff Shaik AH is the Chairmaa of the Managing Committee of the said mosque. The said shop is a part of the mosque. Defendant 1 took the said shop on rental from plaintiff Shaik AH by a lease deed dated 10 10 1969 for eleven months at the rate of Rs. 30 per month. Even on the expiry of the said lease period, he is continuing in possession, by holding over on the basis of the oral lease, the tenancy being from month to month. Defendant 2 is the brother of defendant 1 and he has a pawn shop on the 'katta' of the said shop. He is a sub tenant under defendant 1 without the consent of the plaintiff. It is further the case of the plaintiff th