1. S.A.No.949 of 1984 has been preferred by the Tamil Nadu State Wakf Board (hereinafter referred to as the Wakf Board).

2. The Wakf Board instituted a suit O.S.No.199 of 1982 on the file of the Principal Sub Court, Tirunelveli praying for declaration that the first schedule prop- erty belongs to Nagoor Shagul Hameed Darga Pallivasal Wakf and for recovery of possession of second scheduled property, besides for the relief of mesne profits. The second schedule property is a part of first schedule property.

3. Originally, the said suit was instituted on 21.6.1979 and numbered as O.S.No.672 of 1979 on the file of the District Munsif court, Tirunelveli, and subsequently transferred to the file of the Subordinate Court, Tirunelveli. The said suit was decreed by the trial court by judgment and decree dated 28.1.1983, after contest.

4. The defendants in the said suit preferred appeal A.S.No.31 of 1983 on the file of the District Court, Tirunelveli, which allowed the first appeal and set aside the judgment and decree of the trial court by a judgment and decree dated 21.11.1983. Being aggrieved, the Wakf Board preferred the present second appeal.

5. Pending the second appeal, the