BIRENDRA PRASAD SINHA, J.

1. Both these appeals have been heard together and are being decided by this common judgment.

2. The question for consideration is whether a Mutawalli of a Wakf estate can institute and defend suits and proceedings in a court of law relating to wakfs after coming into force of Wakf Act. 1954 (hereinafter referred to as the Act).

3. In order to appreciate the question arising in these appeals it will be necessary to give certain facts. One Hazi Tassadduk Hussain created a wakf in June, 1914 in respect, of the suit property which is a pucca house consisting of seven rooms situate in Mohalla Nathnagar of Bhagalpur town. According to the wakf deed he was to act as Mutawalli till his death and after him his wife was to act as such. It was further stipulated that after the death of the wife also the Panches of Nathnagar were to appoint a person as Mutawalli whom they consider proper. Both Tasadduk Hussain and his wife died and after their death Maulvi Abdul Hamid was appointed as Mutawalli and manager, Garib Das. Govind Lal and Shyamlal Sah were in occupation of some of the rooms Of the house in question. A suit was filed by Munshi Abdul Hamid, the elect