( 1 ) THESE two Letters Patent Appeals raise certain common questions of law and therefore they are disposed of by this common order. The two important questions of law which arise in there two appeals are:- (1) As regards the forum for appeal in the inquiry under sec. 37 (2) of the Bombay Land Revenue Code 1879 hereinafter referred to as the Code and the remedies which have to be exhausted before filing a suit in this connection as well as the nature of the suit which can be filed and (2) As regards the applicability of presumption under sec. 110 of the Evidence Act in such cases where a claim is sought to be decided under sec. 37 (2) of the Code. In Letters Patent Appeal No. 21 of 1966 the question is regarding the suit land marked A B C D E which is said to belong to the plaintiffs Muslim Masjid as wakf property. The two managers of the said wakf have filed the present suit. The plaintiffs claim that formerly there were houses on the suit land and a portion thereof was used as a Vada. In 1878 A. D. by an arrangement as per Ex. 40 the leading Muslims of Undhela kept Fakir Kalusha and others for looking after the wakf property and the Fakir was allowed to occupy the