Court inclined to go in to the cause of alienation.

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 Wakf Board by proceedings dated 30.1.1988 ratified the sale of second schedule property in favour of the first defendant in the said suit executed by the defendants 2,3 and 4 in the said suit. As against the said proceedings of ratification of sale by the Wakf Board, one A.M.S. Mohamed Yousuf has filed the present Writ Petition No.2272 of 1988 praying for the issue of a writ of certiorari to call for and quash the proceedings of the first respondent being item No.III of 1987 bearing R.C.No.6055/79/TNV dated 30.1.1988.

6. At the joint request of either parties to the second appeal and the writ petition, the second appeal and the writ petition were taken up and heard jointly. To the writ petition, the plaintiff in O.S.No.199 of 1982 is impleaded as the first defendant, while defendants 1 to 5 in the said suit have been impleaded as respondents 2 to 6. As the issues involved relate to the same property between the same parties, this Court heard the second appeal and the writ petition jointly as per the orders of the Honourable the Chief Justice.

7. It would be proper to set out the pleadings in the suit.

8. The plaintiff Wakf Board is a body duly constituted under the Wakf Act (Act 29 of 1954). The general superintendence of the Wakfs in the State vests with the plaintiff Wakf Board and the Wakf Board is empowered to take measures to recover properties of various Wakfs. The suit first schedule property originally belonged to Anam Mohamed Mohideen Meeran and his two brothers namely Anam Sheik Madar Tharaganar and Anam Kasim Tharaganar.

9. The said three brothers by an instrument dated 27.4.1983 dedicated the first schedule property for lighting expenses at Nagoor Shahul Hameed Andavar Tharga. The eldest of the three brothers was the first muthavalli. The first schedule property is a wakf property and it is inalienable in character.

10. After the eldest, the next two brothers become muthavalli. Subsequently, Anam Yousuf Tharanganar had become muthavalli and then Meeran Mohideen Tharaganar has become the huqdar. After the death of Meera Mohideen Tharaganar, the second defendant in the said suit and one Anam Kjaja Mohideen, son of the third defendant and the husband of the fourth defendant were the muthavallis of the suit second schedule property, which is part of the first schedule property.

11. After the death of Anam Khaja Mohideen, defendants 2 to 5 in the said suit are the muthavallis and they have been conducting the charities out of the income from the first schedule property.

12. The Wakf Board has notified the Wakf and it has been notified in the Gazette as well. The defendants 2 to 5 have sold the second schedule property to the first defendant on 27.7.1978 without prior sanction of the Wakf Board, Such sale will not confer any right on the aliene