( 1 ) FIRST defendant has filed this second appeal against the judgment and decree dt. 26th Aug. 1976 passed in R. A. No. 116 of 1971 by the Addl. Civil Judge, Dharwad, reversing the judgment and decree dt. 22nd July 1971 passed in O. S. No. 16 of 1969 by the I. Addl. Munsiff, Dharwad.

( 2 ) FOR the sake of convenience the parties to this appeal will be referred according to their ranking in the trial Court.

( 3 ) BRIEFLY stated, the facts of the case are as below : The plaintiffs claiming to be the trustees of Soudagar mosque situated in Line Bazaar, Dharwad, a wakf institution originally registered under the Bombay Public Trusts Act, 1950 and subsequently under the Wakf Act, 1954 (Central Act), filed the suit for possession of the suit properties. Plaintiff has been officiating as the mutawalli of the said mosque. One Khatijabi who was the owner of the suit properties bearing C. T. S. No. 1037/lb and C. T. S. No. 1038/a/lb situated in Line Bazaar, Dharwad, created a wakf in respect of the suit properties and permanently dedicated the same for religious purposes, to wit, for the benefit of Soudagar mosque under the registered deed of wakf dt. 8th April 1937. Under