The Chief Justice.- The defendant in O.S. No. 58 of 1945 in the Court of the Subordinate Judge of Tuticorin is the appellant before us. The suit was for the recovery of property consisting of a house and site in Kayalpatnam in Tirunelveli district. The suit property originally belonged to one Abdul Khadir who made a wakf of the same by a deed dated 14th June, 1921, Ex. D-2. The wakf deed was executed in favour of two persons, M.K.K.T. Ahmed Mohideen and Chinna N.K. Ahmed Moideen as managers of the Mahlara at Ambala Maricair Avergal Street belonging to the Kadiria Muslim community of Kayalpatnam south. The Kadiria Tharikh is a small sect of Muslims said to have been founded by a disciple of the Holy Prophet. The sect holds certain peculiar tenents and believes in the efficacy of japan (zikr). This property was sold to the defendant by a deed dated 10th April, 1941, for a sum of Rs. 1,550 by Chinna K.M. Mohmed Labbai and Chinna A.K. Shaikh Abdul Khadar describing themselves as managers of the Mahlara. It is common ground that with the monies raised by this sale the vendors purchased as managers and on behalf of the Mahlara property consisting of site and buildings in the town of Tuti

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