These Second Appeals have been filed by the plaintiff in two suits O.S. No. 308 of 1960 and O.S. No. 716 of 1960, which were tried together by the learned District Munsif of Vellore. The suit, O.S. No. 716 of 1960 concerns a wakf deed dated 7th October, 1940 (Exhibit A-32) executed by one Rukhia Bi Sahiba, and the suit, O.S. No. 308 of 1960 concerns another wakf deed (Exhibit A-22) dated 4th August, 1941, executed by her. The Wakf Board constituted under the Wakfs Act (XXIX of 1954), notified them as wakfs under the Act The plaintiff brought the suits for a 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.

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

Exhibit-A 32, dated 7th October, 1940.

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