Ramaswami, J.

1. This appeal is brought on behalf of the plaintiff against the judgment and decree of the 1st Subordinate Judge of Patna dated 22-6-1950.

2. The plaintiff alleged that defendant No. 2 Saiyid Wasi Haider was Motawalli of certain endowed properties appertaining to a mosque situated in mohalla Qazi Abdul Momin alias Bagh Lodan and that on 17-6-1948 defendant No. 2 executed a deed of permanent lease in favour of defendant 1 with respect to the properties mentioned in Schedule I of the plaint. The salami mentioned in the document was Rs. 6000.00 and the rent was Rs. 500.00 but the plaintiff alleged that defendants 1 and 2 acted collusively and the sanction of the District Judge was obtained on 8-6-1948 on misrepresentation. It was averred that on 1-5-1948 the plaintiff was established as a body corporate under the Bihar Wakf Act and under Sec. 43 of the Act no transfer made by a Motawalli of the property of a wakf by way of lease ex- tending a period of three years could be valid unless made with the previous sanction of the Majlis. The plaintiff, therefore, asked for a declaration that the deed of permanent lease dated 17-6-1948 executed in favour of defendant N