( 1 ) THE present second appeal has been filed against the judgment and decree dated 19/07/1982 passed by the Principal Civil Judge, Bijapur in Regular Appeal No. 4 of 1980 whereby he reversed the judgment and decree dated 15th Nov. 1979 passed by the Principal Munsiff, Bijapur in Original Suit No. 102 of 1976.

( 2 ) THE substantial questions of law as arising out of the impugned judgment are the following: (1) Whether despite the fact that there is evidence of possession of the plaintiff on the suit property, the lower appellate Court was correct in holding that the appellants had no title to the suit property? (2) Whether in the facts of the present case, any appeal was maintainable at the instance of defendant No. 5?

( 3 ) THERE is a Wakf known as 'sayed Peershah Karimullah Shah Dargah' at Bijapur. Pursuant to the preliminary survey and enquiry conducted under Section 4 of the Wakf Act, 1954 (Central Act 29 of 1954) (hereinafter for short, 'the Act' only) read with R. 4 the Karnataka Wakf Rules, 1964, a Notitication was published by the respondent-Wakf Board in Karnataka Gazette (Part-VI) dated 6-1-1975, inter alia setting out the list of Wakfs existing in the Di