There is no dispute that the wakf in question relates to property worth more than Rs.50,000 as the same has been conceded by both the parties. But the question that has been decided in the second appeal is with respect to the trusteeship of the Mohideenia mosque in the village of Damaramadugu, Kovur Taluk, Nellore District. We have found that the plaintiff-respondent is entitled to the trusteeship and the subject-matter of the appeal to the Supreme Court is whether the plaintiff has the right to function as such. Such being the case, it cannot be said that the subject-matter of the suit is capable of valuation and as such paragraph (1) of section no of the Code of Civil Procedure and clause (1)(a) of Article 133 of the Constitution cannot, in strict terms, apply. But what is contended for the petitioner is that in the plaint the relief asked for includes, in addition to the prayer for a declaration that the plaintiff is a validly appointed trustee of the Mohideenia mosque and that the appointment of the defendant was void and inoperative, another prayer for the recovery of possession of the properties endowed to the mosque and the sums of money which may be found