The administration of the Annural Muhammadeeya, Madras Trust was governed by a Scheme sanctioned by the High Court by its decree dated 16th April, 1956, in A. S. No. 235 of 1952. The Scheme provided for six trustees. The three petitioners and respondents 8, 9 and 10 were the trustees appointed under the Scheme. The trust constituted a wakf now governed by the provisions of the Muslim Wakfs Act, 1954 (Act XXIX of 1954).

Respondents 1 to 7 sought and obtained the sanction of the Advocate-General under section 92, Civil Procedure Code, to file a suit to amend the Scheme now in force for the administration of the trust. That sanction was accorded on 9th December, 1959, after the Muslim Wakfs Act, 1954, to which I shall hereafter refer as the Act, came into force. Section 55 of the Act provided:

“(1) A suit to obtain any of the reliefs mentioned in section 14 of the Religious Endowments Act, 1863 (XX of 1863) and in section 93 of the Code of Civil Procedure, 1908 (Act V of 1908), relating to any wakf may, notwithstanding anything to the contrary contained in those Acts, be instituted by the Board without obtaining the leave or consent referred to in those Acts.

(2) No suit to obtain