The Judgment in O.S.No.67 of 2005 on the file of the Principal Subordinate Judge, Cuddalore, is under challenge in this revision. This revision has been preferred by the 1st defendant – Wakf Board.

2.The respondents 1 & 2 / plaintiff in O.S.No.67 of 2005 have filed the suit for a declaration that the suit property exclusively belonged to the first plaintiff. According to the 1st plaintiff, his father had executed a deed of Wakf dated 12. 1936 for the purpose of constructing a Madarassa. According to him, the Madarassa was not constructed during his fathers life time and the dedication has been completely failed and the object of the deed of Wakf dated 12. 1936 executed under Ex.A.1 was not materialized. So the 1st plaintiff would claim that the property does not vest with the Wakf. It is further been admitted that the first plaintiffs father had also executed Ex.A.2, another deed of Wakf, dated 4. 1941 dedicating all other properties except the property covered under Ex.A.1 for the purpose of creating another Wakf. The fact remains that the property already dedicated by the first plaintiffs father under Ex.A.1 – deed of Wakf dated 12. 1936, was excluded in Ex.A.2 deed of