K.SAMPATH
S. M. Pitchaiyammal – Appellant
Versus
Tamil Nadu Wakf Board & Others – Respondent
Both the second appeals are disposed of by the following common judgment as the substantial questions of law involved are common to both the matters.
2. The Tamil Nadu Wakf Board represented by its Secretary filed various suits before the District Munsif Court, Tiruchirapalli, averring as follows:
The properties set out in the different plaints had been dedicated for performing pious, religious and charitable deeds; they belong to a Wakf, the administration of which is governed by Central Act 29 of 1954 and as the properties had been alienated by the descendants of the settlors under various sale deeds to the defendants in the different suits, the suits were filed for a declaration that the sales were invalid in law, that the properties by their very nature, being inalienable and the alienations being beyond the powers of alienors, cannot bind the Wakf and that in those circumstances, for declaration that the suit properties in all the suits are Wakf properties and for possession of the same to the plaintiff on behalf of the Wakf.
3. The defence set up was as follows:
There was no valid Wakf in respect of the suit properties; there was no dedication; there was also no final
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