First defendant in O.S.No.905 of 1995 on the file of the Principal Munsif Court, Nagercoil is the appellant herein.

2. Suit filed by plaintiff was one for permanent prohibitory injunction restraining first defendant and his men from interfering with the peaceful possession and enjoyment and administration of plaintiff over plaint property in any manner and for incidental reliefs.

3. Plaint wchedule property is a wakf property and it is a private Wakf called ‘Sena Pillai Yusoof Saheb Wakf’ and the same is registered as G.S.34 kan before the Tamil Nadu Wakf Board. The Wakf was found by plaintiffs paternal grand father late Yusoof, son of Sena Pillai. He purchased the scheduled property in the name of the grand Muslim Saint Mohideen Andakai in the year 1936 and constituted himself as first mutawalli of the Trust. He was celebrating the birth anniversary of the said Mohideen Andakai and was observing and conducting the functions during his life time.

4. The founder Yusoof died about 53 years back and at the time of the death, he nominated his elder son Mohammed Kasim as mutawalli. He was asked to enjoy the plaint property during his life time and asked him to perform birth a