H. S. Thakur—This Letters Patent Appeal is directed against the judgment of the learned single Judge of this court who dismissed the second appeal preferred by the appellants,

2. Material facts to determine this Letters Patent Appeal may be stated. The appellants-plaintiffs (hereinafter to be referred to as the plain tiffs) filed a suit against the respondents/defendants (hereinafter to be refer red to as the defendants) for declaration that the ‘Pirsthan or Dargah property known as pirnigahia as detailed in the head note of the plaint is a place of worship and a Dargah, dedicated for pious and religious purposes recognized by the Muslim Law and that it fell within the definition of ‘Wakf’ as contained in the Wakf Act, 1954 (hereinafter called the Act) and that on the enforcement of the Act, the property had vested in the plaintiff-wakf Board. It was stated that the mutation sanctioned in favour of the defendant-Gram Panchayat, of the said property was wrong and illegal. It was further asserted that on the basis of the mutation, the defendants were interfering in the management of the property and were receiving offerings at the aforesaid place of worship. The plaintiffs al