Ramaprasada Rao, J.-The first defendant in O.S. No. 1606 of 1968 on the file of the City Civil Court, Madras, is the appellant. Haji Mirza Ali Naki Sahib Kirmani, executed a wakf deed where under he set apart his property bearing door No. 73, Sembudoss Street, for certain religious and charitable purposes. After earmarking a portion of the income from the said property for certain purposes accepted in Muslim Law, he directed that the surplus income be taken over by the mutawalli. The first mutawalli was the wakif himself, and thereafter he constituted his wife and sons as joint mutawallis. He had two sons and the plaintiff is the son through one such son and defendants 1 and 2 are sons of the second son of the wakif. The wakif died in 1927 and after the death of his wife and his two sons, it transpires that the plaintiff was in possession of the suit property for a considerable length of time. The first defendant initiated proceedings before the Wakf Board and sought for a direction regarding accounting of the income from the wakf property from the plaintiff. The Wakf Board however in the interest of amity directed that the plaintiff and both the defendants should act as joint muta

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