S. RAMACHANDRA IYER, C. J. :- On 24-12-1958 the Wakf Board constituted for the Madras State notified that Bachamian Ismail Pakkiri TaiKkal, otherwise known as Arunagiri Appa Thaikkal, at Pasupathikoil in Tanjore Dt, was a wakf coming within the scope of the Wakf Act, 1954. This notification was challenged as invalid by the appellant who claimed to be the Managing trustee of the institution. The learned District Judge has negatived this contention and hence this appeal.

2. The only ground on which the notification has been challenged was that the wakf in question was a private one and therefore would not come within the scope of the enactment. It will be useful before proceeding to consider that question to set out the history of the institution.

3. Haji Sheik Ibrahim Sahib, a pious Muslim, made two endowments of his properties. The first was by a settlement deed Ex. A.1 dated 11-3-1889 in favour of a mosque. As we are not concerned in this appeal with that endowment, no further reference need be made to it. On 14-7-1914, Haji Sheik Ibrahim Sahib executed a will by which he gave substantial properties for the benefit of the Thaikkal at Pasupathikoil. The will also contained c