Leach, C.J.

1. In the year 1674 a Rani of the Nayakhan dynasty made a grant of land to a Mahomedan named Dharves Ali Sha. The documentary evidence in this case leaves no doubt that the grantee was a member of a sect of Faqirs who were followers of Jalal-ud-din Bukhari. "When Dharves Ali Sha died he was buried on the property. He has since been regarded as a saint and his tomb as a durga. After the tomb had been recognised as a durga a mosque was built by the side of it. When the mosque was erected is not known, but it is clear from the Inam register of 1864 that there was then a mosque in existence. The main question which arises in this appeal is whether the grant to Dharves Ali Sha was a grant to him personally or for the endowment of a mosque. We shall in due course examine in detail the evidence relating to this question; but before doing so we think it necessary to refer to two previous suits and to the course which the present litigation has taken. In O.S. NO. 96 of 1930, of the Court of the Subordinate Judge of Trichinopoly three Mahomedans and two Hindus brought a suit under Section 92, Civil P.C., for the recovery of the property now in suit and for the framing of a