1. The unsuccessful defendants 1, 4 to 8 have filed the above second appeal. The plaintiffs are the sons of the first defendant. They filed a suit for declaration and for a permanent injunction or in the alternative for recovery of possession. The suit property is the landed property measuring 1 acre 57 cents.

2. According to the plaintiffs, the property originally belonged to one Sathakathulla Tharaganar. On 13.1.1905 he dedicated the first schedule property for the purpose of performing hie annual Fathiha on his death. This has been done orally. Under Ex.A1 dt.l7. 12.l921, Meeran Mohideen executed a settlement deed in favour of his grandson K.A. Mohamed Abdul Kader appointing him as Manager for performing the said Fathiha and to feed the poor people. Since the said Abdul Kader wanted to leave India in 1925, he executed Ex,A2 settlement deed dt. 12. 10.1925 in the name of his mother Mohamed Bathummal as his Manager for the wakf. After his return from foreign Country, his mother executed another document Ex.A3 settlement deed dt.20.1.1933 in favour of the said Abdul Kader as manager of the said property.

3. The said Abdul Kader was in possession and enjoyment of the said