JUDGEMENT :- These second appeals have been filed by the plaintiff in two suits; O.S. No. 309 of 1960 and O.S. No. 716 of 1960. which were tried together by the learned District Munsif, Vellore. The suit O.S. No. 716 of 1960 concerns a wakf deed dated 7-10-1940, Ex. A-32, executed by one Rukhia Bi Sahiba, and the suit, O.S. No. 309 of 1960, concerns another wakf deed, Ex. A-22, dated 1-8-1941, executed by her. The Wakf Board constituted under the Wakf Act, 29 of 1954, notified them as wakfs under the Act. The plaintiff brought the suits for declaration that the properties mentioned in the deeds are not wakf properties and not liable to be notified under the Act. His contention was that Rukhia Bi did not really intend these documents to come into force and that they were not also valid as wakfs. The learned District Munsif held against him on both these points and dismissed the suits. The appeal preferred by the plaintiff to the learned Subordinate Judge also failed. Hence, this further appeal.

2. Before proceeding further, it would be convenient to give a tree translation of the two deeds, in so far as they are material.

Ex. A-32 dated 7-10-1940 : "I executed a wakf deed on 5-5-1938,

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