V. PERIYA KARUPPIAH., J

1. This appeal is directed against the Judgment and decree passed by the learned single Judge in C.S.No.450 of 2003 dated 22.09.2010

2. The appellant is the defendant in the suit and the suit was decreed against the appellant / defendant directing him to hand over the vacant possession of the suit property to the plaintiff within a period of three months and also directed to go for enquiry regarding the damages for use and occupation.

3. The brief facts of the case of the plaintiff / respondent is as follows:

The plaintiff - a private Wakf, which is represented by its Muthavalli, was owning properties to an extent of 3 acres 93 cents in S.Nos.184/2, 185/2, 38 covered by its Patta No.21 in Saligramam, Kodambakkam Village, Saidapet Taluk, Chengalpattu District in Madras City. Originally, the owner of the property, namely, Mr.S.M.M.Mohideen has leased out 3.93 acres of land in favour of one Mr.B.Nagi Reddy for a period of 30 years by executing a lease deed dated 28.12.1956. The owner of the suit property, namely, Mr.S.M.M.Mohideen on 20.06.1957, by way of settlement deed, had created a Wakf in favour of his sons and daughters. Thereafter, the said ori