S.C. DAS, J.

1. This second appeal under Section 100 of the Code of Civil Procedure, 1908 is directed against the judgment and decree dated 22.08.2008 and 30.08.2008 respectively passed by learned Addl. District Judge, North Tripura, Kailashahar in Title Appeal No. 8 of 2008 whereby and whereunder the learned Addl. District Judge set aside the judgment and decree dated 17.01.2008 passed by learned Civil Judge, Senior Division, North Tripura, Kailashahar in T.S. No. 11 of 2007.

2. The second appeal has been admitted for hearing on the following substantial questions of law:

“(a) Whether the private property can be declared as wakf property without due process of law?

(b) Whether the Appellate Court below while exercising appellate jurisdiction can consider a document not exhibited in the trial court and can pass decree on the basis of the same without affording any opportunity to the plaintiff?

(c) Whether the finding of the first Appellate Court to the effect that a female/lady cannot hold the post of Mutawali is sustainable as per Islamic Law?”

3. Heard learned senio