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 d