This appeal arises out of a suit instituted in the Court of the District Munsif of Tiruchirapalli, for possession of certain properties alleged by the plaintiff to be wakf properties. The District Munsif granted a decree as prayed for. The second defendant’s appeal to the Subordinate Judge, Tiruchirapalli, was dismissed. The third defendant to whom the second defendant has transferred the property is the appellant in this second appeal.

The property belonged to one Hyder Masthan Sahib. He executed a wakf deed dedicating the property for the use of the Prophet on 12th October, 1946. In the document Hyder Masthan said that the property was till then his and would thereafter be the Prophet’s. Hyder Masthan declared that he would be the Muttavalli during his lifetime and after his death, the plaintiff, his daughter by his deceased first wife, would be the Muttavalli; and that after her death, the Muttavallis would be her descendants. There was also a direction in the document that, out of the income from the property, fatia should be preformed in the name of the Prophet and that eleven fakirs should be fed on His birthday, that Rs. 5 should be spent for the purpose ; that ki