JUDGMENT :- Second Appeal No. 1432 of 1968 has been filed against the judgment and decree in A. S. No. 292 of 1963 arising out of O. S. No. 2175 of 1959 and the plaintiffs are the appellants. S. A. No. 1604 of 1969 has been filed against the judgment and decree in A. S. No. 196 of 1967 arising out of O. S. 899 of 1960 and the second defendant is the appellant.

2. O. S. No. 2175 of 1959 is a suit for a declaration that the suit property measuring about 19 grounds and 321 sq. ft. described in the plaint schedule is not a wakf property and the defendant in that suit is the Madras State Wakf Board, O. S. No. 899 of 1960 was filed by one Mir Sardar Ali for a declaration that the property which was the subject-matter in O. S. 2175 of 1959 is a Shia wakf and that he was the mutavalli of the property and for an injunction restraining the defendants from interfering with his management of the property. The first defendant in this suit is the Madras State Wakf Board and the second defendant is the first plaintiff in O. S. 2175 of 1959 and the third and fourth defendants claimed to be lessees of the property under the second defendant. Since the subject-matter in both the suits was identical p

Click Here to Read the rest of this document