( 1 ) THIS Second Appeal is by two of the defendants Nos. 1 and 2 in original Civil Suit No. 237 of 1970, in the Court of Joint Civil Judge, Bhuj-Kutch, against the judgment and decree dated 15-10-1978 passed by Extra Assistant Judge, kutch in Civil Regular Appeal No. 176 of 1974 affirming the judgment and decree passed by Joint Civil Judge, Bhuj-Kutch, on 18-11-1974. The appellants are Kutch wakf Board through its Secretary, Kutch Muslim and Education Welfare Society, a Wakf registered under the Wakf Act, 1954.

( 2 ) THE facts leading to the present appeal are that respondent Nos. 2 and 3 - sadhu Nandram Govindram and Thacker Purshottam Ganesh filed a suit as the representative suit under Order I, Rule 8 for the following reliefs :" (I) That it be declared that above mentioned suit property bearing Survey No. 917 of Bhuj shown as Karimdina alias Kalu Suleman Musafarkhana mentioned in the supplementary list of Wakfs of Kutch at Serial No. 2 in the Gujarat Government Gazette dated 6-5-1965 at page 614, is not a Wakf property and ordered to be deleted from the list of Wakfs as published on 6-5-1965 and further : (ii) To restrain defendant Nos. 1 to 3 or their agents or se