Compliance with statutory notice under S. 56 of the Wakf Act is mandatory and failure to comply entails dismissal of the suit.

( 1 ) THE appellants were the plaintiffs before the Trial Court claiming various reliefs enumerated in the plaint. They claim to be the chief Mujavers of a Darga called Hazrat Manickshah Wali Darga at Bangalore and two villages viz. , Bupasandra and Bellahalli that were settled by Tippu Sultan the erstwhile Ruler of the then Mysore State. Ex. P-1 is the Sanad granted by Tippu Sultan and Ex. P-2 is its translation. As we could make out from the translation the Wakf His Majesty Tippu Sultan King Gazi directed that the two villages were dedicated for the expenses of the Darga Hazrath Manickshah Wali and it was conferred as an Inam - From the beginning of the month Ahmedi in the year 1221 Hijra (which is said to correspond to 1811 A. D. as stated at the Bar) these villages have been given for the expenses of Darga and from this income expenses of Urs and other requirements of Darga should be met and prayers be made for the King's long life and prosperity. The plaintiffs claim that the villages were inhabited by Muzawars of the Tomb and they are directed by Tippu Sultan by the above said Sanad. They used the income of the villages for the Fateha and other rituals. The management of the Darga has always been with the Committee of Muzawars selected by the two villages and it is continuously on record in all the public Registers and documents that these persons have from generation to generation performed their duties as hereditory Muzawars. Subsequently when the Musrai Department took over supervision of all religious institutions, the fore-fathers of the plaintiffs constituted the management of the Darga and were recovering revenue dues of the lands of the two villages and offerings made at the Darga and other income secured by leasing out part of the premises to persons for trade without in any way damaging any part of the Darga. They also made a statement that the Muzawars two of whom were selected from the two villages acted as the President and Vice-President of the Committee of Muzawars from generation to generation. They contend mainly that the residents of the two villages are entitled to manage all the affairs of the Darga on their own responsibility and without any interference from others.

( 2 ) IN the year 1963 when the Board of Wakfs succeeded the Muzrai Department the supervisory powers were assumed by the Wakfs Board. The plaintiffs alleged inter alia that proper funds were not being given to them to perform their duties and even though they tried to give a democratic and disciplined shape to the administration and management of the Darga, they were not encouraged. They also complained that the properties of the Darga like cash were not returned to them and their interference in the management was unabated. In the suit they made prayers that the Board of Wakfs - 1st defendant be directed not to alter the administration of the Darga excepting in accordance with the scheme submitted by them to the Wakfs Board ('the Board' hereafter for short) in the year 1964 for its approval; directing the Board not to alter the rights vested in the Muzawars i. e. , the residents of Bupasandra and Bellahally; directing the Board to approve and notify the scheme for the management of the Darga; directing the Board to render a true and correct account of all the monies received by it; directing it to deliver to the plaintiffs all amounts transferred to it by the Muzrai Department; directing it to deliver to the plaintiffs all papers, correspondence documents and sanads etc. , pertaining to the Darga; directing it not to act for and on behalf of the Darga or to commit it to any position before any statutory authority or institution or Government; directing it to withdraw all assurances and consents that may have been given for acquisition of the Darga etc. , directing it to refund and reimburse the plaintiffs in all amounts that may have been spent by the Board for any project of the Wakf Board without authority and sanction a