( 1 ) THE present Second Appeal is filed by the original plaintiff. In this appeal the following two substantial questions of law are formulated. (1) Whether on the facts and in the circumstances of the case and having regard to the true legal position the lower appellate Court was right in law in holding that the appellant being merely a mutawalli had no right to file the present Suit? (2) Whether the lower appellate Court was right in holding that in the absence of a notice served upon the Wakf Board under sec. 56 of the Wakf Act 1954 the present suit was not maintainable?

( 2 ) THE relevant facts leading to the present appeal may be stated as under:-THE plaintiff has filed the suit against defendant No. 1 - the Bhuj Municipality for declaration that defendant No. ` has no right to make use of suit Kabrastan or to make Park or make any other construction on the suit Kabrastan which is owned and is in possession of the plaintiff that is Mutawali and for permanent injunction to restrain defendant No. 1 from making use of the suit Kabrastan of from making any construction on it and to restrain defendant No. 1 from obstructing the plaintiff from making use of it. The