Anand Byrareddy, J.

The Counsel for the petitioners and the respondents were heard.

2. The petition concerns land in Survey No.528/1 of Balaganoor Village Sindanur Taluk, Raichur District, measuring about 5.31 acres. It is claimed that the sum, along with other properties, was dedicated to petitioner No.2 and has been duly notified as wakf property in terms Of the Wakf Act, 1954, under a Gazette Notification, dated 17-1-1974, of the State Government of Karnataka.

3. The second respondent claiming as the wife of one Nagalingappa is said to have filed an application under Section 5 of the Karnataka Certain Inams Abolition Act, 1977, before the Land Tribunal, Sindanur, and claimed that in terms of an agreement dated 9-3-1963, executed by one Abdul Khadersab, the erstwhile Mutawalli of the second petitioner, in favour of her husband, she ought to be conferred occupancy rights. The claim was contested by the first petitioner and it was primarily contended that the land could not have been leased out by the Mutawalli, in violation of the! Wakf Act, 1954, which prohibited the lease of Wakf property, for any term exceeding three years, without prior permission or sanction of the Karn