A grant made by a non-Muslim, even if it is for a purpose recognized by Muslim law as pious, religious, or charitable, is not wakf unless it comes under one of the clauses mentioned in Section 66-C of the Wakf Act, 1954.

N.S. RAMASWAMI, J. :- This Letters Patent Appeal is against the judgement of lagiriswami, J., who allowed the second appeal. The appellant before us is the Madras State Wakf Board, who was the defendant in the suit. The board published under Section 5 of the Wakf Act, Central Act 29 of 1954, a Notification in the Fort St. George Gazette, staling that the property in dispute is a wakf. The plaintiff filed the suit out of which this appeal has arisen for a declaration of his title to the suit property and for a permanent injunction restraining the defendant from taking any action in pursuance of the publication of the above said notification. The question was, whether the property was a wakf. According to the plaintiff, the property bad been granted by a non-Muslim for the support of Kazi service and his case is that it would not be a wakf as defined in the Wakf Act. On the contrary, the case of the defendant-appellant has been that the property is a wakf. The learned Counsel for the appellant seeks to support such a conclusion on two grounds, namely, that firstly the grant had been made by a Muslim and secondly even if it is not a grant made by a Muslim, it came under the definition contained in Section 66-C of the Wakf Act. Alagiriswami, J., who heard the second appeal, came to the conclusion that as there had been no evidence as to who made the grant, it was possible that the grant might have been made by a non-Muslim and therefore, the properly would not come under the definition of she word 'wakf' contained in Section 3(1) of the Act, He further came to the conclusion that the grant was made for Kazi service and that is not one coming under anyone of the clauses in Section 66-C of the Act. The view of the learned Judge is that for a wakf, as defined in Section 3(A), the grant ought to have been made by a Muslim and it the grant is made by a non-Muslim it would be wakf only if it comes under anyone of the clauses of Section 66-C of the Act. 'Kazi service' is not one contemplated by Section 66-C of the Act. Therefore, the learned Judge held that the property is not wakf and the plaintiff is entitled to a decree as prayed for.

2. There can be no serious dispute that the property had been granted, whether it be by a Muslim or a non-Muslim, only for Kazi service. Extracts from Inam fair register as well as a copy of the inam title deed have been filed. In the extracts from the Inam Fair Register it is specifically mentioned that the grant was for Kazi service. In the copy of the inam title deed, the genuineness of which is not in dispute, it is specifically mentioned that the grant was for kazi service. In the very notification made by the Board, the grant is described as one for Kazi service. The notification is as follows :-

"Kazi service inam Paramathi pious, religious and charitable and mushrut-al-khidmat. For rendering Kazi service in the Mosque 300, 008.31."

The learned Counsel for the appellant, however, contends that is the extracts from the Inam Fair Register, there is some reference that the inam was for Masjid and therefore it must be held that the grant was to the mosque. No doubt in Ex. A-2 in one of the columns, namely, column 15, it is stated :

"In Fasli 1230 Mahajid Inam Ji Mo-bainmad Amir."

As Alagiriswami, J., has rightly pointed out this description in column 15 is rather confusing. The entries in the other columns in the extracts of inam fair register made it quite clear that the grant was for kazi service. It has been described as Kazi service inam. As stated earlier, even the inam title deed, a copy of which is available, describes the inam as kazi service inam. It may be that Kazi service is attached to a particular mosque. But that does not mean that the grant itself is to the Masque. We have no hesitation in accepting the conclusion of Alagiriswami, J., that the grant was for kazi service.

3. Another question of fact raised is as to whether the grant has been made by a Muslim or a non-Muslim. Really t