JUDGMENT.- The petitioners are the usufructuary mortgagees of wakf properties. One item of the property was mortgaged on 8th April, 1965 for Rs. 1,000 and another on nth January, 1968 for Rs. 2,000. Subsequent to the passing of the amendment to the Wakf Act, 1954, section 36-A provides that:

“Notwithstanding anything contained in the wakf deed, no transfer of any immoveable property of a wakf by way of

(i) sale, gift, mortgage or exchange; or

(ii) lease for a period exceeding three years in the case of agricultural land, or for a period exceeding one year in the case of non-agricultural land or building, shall be valid without the previous sanction of the Board”.

2. It is common ground that though the Act came into force in 1964 and the two transactions in question were in 1965 and 1968, previous sanction of the Board was not obtained. The contention of the learned Counsel for the petitioners:is that by this amendment, all that was intended was to accord statutory recognition to the provisions of Mohammadan Law by which before the transfer of wakf property could be made, sanction of the Court should be obtained. In a case is which the sanction of the Court was not obtained before actua

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