ASWATHANARAYANA RAO, J.

( 1 ) THIS is a defendant's appeal. The first respondent filed a suit in O. S. No. 1/1981 on the file of Court of the Additional Civil Judge, Bijapur against the appellant, who was the first defendant, and respondent Nos. 2, 2a, 2b and 3, who were defendant Nos. 2, 2a, 2b and 3 respectively for a declaration of its title to the suit property namely property bearing CTS No. 34b in Ward VI of Bijapur City, for a declaration that the Notification published by the first defendant under No. KTW 531, ASR/74/7490 dated 24-1-1976 and also the Gazette Notification at page No. 608 dated 8-7-1976 in Part VI relating to the suit property are illegal and void. Further, the plaintiff sought for a declaration that the order passed by the third defendant under No. WKF. SR. 6 (V) dated 10-1-1980 is illegal and void, for deletion of the entries in the revenue records in favour of the defendant Nos. 2 to 2b in respect of the suit property and for a permanent injunction restraining the defendant Nos. 1 and 2a and 2b from obstructing the plaintiff's possession over the suit property. As an alternative relief, the plaintiff prayed for a declaration of its title to the suit property by adverse possession. The suit having been decreed as prayed for, the first defendant has filed this appeal impleading the plaintiff as the first respondent and defendant Nos. 2, 2a, 2b and 3 as respondent Nos. 2, 2a, 2b and 3 respectively.

( 2 ) THE facts which have led to this appeal may briefly be stated as follows:-For the purpose of convenience, we will refer to the parties to this appeal by the position they have occupied in the lower Court.

( 3 ) THE plaintiff is the State of Karnataka represented by Deputy Director of Public Instructions, Bijapur. The first defendant is the Karnataka Wakf Board represented by its Secretary. The second defendent is Peer Mahabari Khandayat and Peer Chinni Mahabari, managed by its managing Mutawalli and Sajjada Nashin, the defendant Nos. 2a and 2b. The third defendant is the Assistant Commissioner, Bijapur. During the pendency of this appeal, respondent No. 2a died and his legal representative has been brought on record.

( 4 ) IN the plaint, the plaintiff alleged that the suit property belonged to the then Government Bombay. The Distirct Local Board, Bijapur, purchased the said property for a sum of Rs. 16,325/ -. The District Local Board subsequently handed over that property to the District School Board. At that time it was a vacant land. The District School Board construed the present office building existing in the suit property in the year 1961. Subsequently, after reorganisation of States, the District School Board merged in the Department of Education, Government of Karnataka. Therefore, the suit property belongs to the plaintiff.

( 5 ) IT is alleged recently the plaintiff came to know that the first defendant got published a Notification dated 21-1976 under Section 26 of the Wakf Act showing the suit property as 'wakf property'. It is alleged that the same has been published in the Karnataka Gazette dated 8-7-1976. It is alleged this has been done at the instance of defendant Nos. 2a and 2b. It is alleged the said Notifications are false and incorrect. It is contended no notice was served on the plaintiff before publication of such a Notification and no opportunity was given to the plaintiff to make a representation in that regard before the competent authority. It is contended, hence the said Notifications are not binding on the plaintiff. It is contended that the suit property was never owned by the defendant Nos. 1 to 2b at any time and was never in their possession and it has been in lawful possession of the plaintiff throughout.

( 6 ) IT is alleged the defendant Nos. 2a and 2b have managed to get the suit property declared as 'wakf property' in collusion with the first defendant. It is contended, on the basis of that illegal Notification, the defendant Nos. 1 and 2b have approached the third def

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