V. Suri Appa Rao , J.—The Karnataka Board of Wakfs has filed this appeal challenging the legality and correctness of the order dated 14.02.2006 passed in W.P. No. 19834/2004, whereby the learned Single Judge allowed the writ petition filed by respondent Nos. 1 and 2 and quashed the impugned orders dated 24.04.2004 and 21.04.2003 passed by the Karnataka Wakf Tribunal and the Karnataka Board of Wakfs respectively. The brief facts leading to this appeal are as under:

The property measuring 1 acre 38 guntas of land originally belonged to one late Ibrahim Saheb @ Baji Saheb, who is the grandfather of the first respondent. The said property was purchased in the year 1924 under the registered sale deed. The said Ibrahim Saheb died leaving behind his four sons i.e., Yacoob Sab, Gouse Sab (first respondent's father), Baba Sab and Sabjan Sab. After the death of Ibrahim Saheb, his second son Gouse Sab-father of the first respondent was in actual possession and enjoyment and he was cultivating the said property. While things stood thus, the Wakf Board had issued a certificate that the said property is dedicated as a wakf property. The respondents 1 and 2 therefore questioned the order dated 25.07.1998 passed by the Wakf Board before this Court in W.P. No. 4515/2000. This Court by order dated 30.03.2000 allowed the writ petition and remitted back the matter to the Wakf Board to once again adjudicate the controversy in question and to ascertain whether the said property is wakf property or not.

2. After hearing the parties, the Wakf Board passed an order dated 21.04.2003 to the effect that the said property is a wakf property and it is registered as such under Section 36 of the Wakf Act, 1995. Thereafter, respondent Nos. 1 and 2 challenged the said order before the Wakf Tribunal, Bangalore Division, Bangalore, in Application No. 11/2003. The Wakf Tribunal after recording the evidence of both the parties passed the order dated 24.04.2004 confirming the order dated 21.04.2003 passed by the Wakf Board.

3. Challenging the order dated 24.04.2004 passed by the Wakf Tribunal and the order dated 21.04.2003 passed by the Wakf Board, the respondent Nos. 1 and 2 filed the writ petition before the learned Single Judge. The learned Single Judge allowed the writ petition and quashed both the impugned orders dated 24.04.2004 passed by the Wakf Tribunal and 21.04.2003 passed by the Wakf Board, on the ground that in the absence of any dedication by mere user, the property could not be a wakf property. Aggrieved by the aforesaid order passed by the learned Single Judge, the Wakf Board has preferred the present appeal.

4. The learned Counsel for the appellant submitted that respondent Nos. 1 and 2 have no right, title or possession over the schedule property. Admittedly, the property originally belonged to one Ibrahim Saheb who died leaving behind his four sons. The first respondent-Sabira Bi claiming to be the daughter of the Gouse Sab, second son of the said Ibrahim Saheb, challenged the order passed by the Wakf Board treating the property as wakf property on the ground that the said property in her possession since 25 years. The said property was gifted to her by her father late Gouse Sab and that the property was never dedicated as a wakf property.

5. In order to substantiate their contention, respondent Nos. 1 and 2 relied on Exs.P1 to P23 before the Wakf Tribunal and examined as many as five witnesses. The Wakf Tribunal examined RWs.1 to RWs.3 and relied on Exs. R1 to R7. The Wakf Tribunal relying upon the evidence of RWs.1 to RWs.3 and the document dated 20.12.1965 held that the property bearing Sy. No. 14/1 measuring 1 acre 38 guntas was dedicated for the purpose of performing religious ceremonies of Moharram and other religious ceremonies relating to Ashurkhana and thus the said property has acquired the characteristics of Wakf under the provisions of Section 36 of the Wakf Act.

6. The learned Counsel for the appellant submitted that admittedly, I