1. The Appellant/Defendant have preferred this Second Appeal as against the Judgment and Decree, dated 15.06.2005, in A.S.No. 167 of 2004 passed by the Learned 3rd Additional Sub Judge, Madurai, in affirming the Judgment and Decree, dated 20.04.2004, in O.S.No. 526 of 1995, passed by the Learned Additional District Munsif Court, Madurai.

The Plaint averments:

2. According to the Respondent/Plaintiff, its a Muslim Public Religious and Charitable Trust. Many persons have endowed the properties to the Trust. The properties belonging to the Respondent /Plaintiff, including the suit scheduled property bearing S.No. 90/1 has been surveyed by the Commissioner of Wakfs as per Section 4(3) of the Wakf Act.

3. The Government of Tamil Nadu has forwarded the said survey report to the State of Wakf Board and the Board published the Respondent/Plaintiff's Trust in Official Gazette, dated 27.05.1969 in serial No. 98 and 115 of the Gazette. As per Section 6 of the Wakf Act, the character and nature of Wakf has become final and conclusive. The Respondent/Plaintiff's Trust is functioning under the General Supervision of the Tamil Nadu Wakf Board. The Trust is also paying contribution to t