These two appeals arise out of two suits instituted by the respondents for a declaration that the properties involved in them are not Wakf properties. The subject-matter of the litigation are two bits of lands measuring 5 acres 28 cents and 2 acres 26 cents, punja, in Rajagiri Village of Thanjavur District. As required by the provisions of section 4 of the Wakf Act, 1954, which will hereinafter be referred to as the Act, one of the Assistant Commissioners appointed under the Act enquired into the nature of the several endowments attached to Muslim institutions in Thanjavur and submitted a report to the State Government of Madras. The State Government, in its turn, forwarded this report to the Wakf Board. The Wakf Board, after examining it, published a list of wakfs existing in the district of Thanjavur in the Fort St. George Gazette dated 24th December 1958. This list included the subject-matter of these appeals.

It may be mentioned here that these properties were attached to the Thaikals called Anaikara Thaikal and Sheik Mallick Thaikal. They were purchased by the predecessor in interest of the respondents in or about the year 1944 for proper consideration. The