RAMANUJAM, J. :- An interesting question of law as to whether a non-Muslim can create a Wakf as defined

in the Wakf Act 1954, arises in this appeal filed by the plaintiff, the Tamil Nadu Wakf Board, in O.S. 39 of 1975 on the file of the Sub Court, Thanjavur.

2. The appellant filed the said suit, for recovery of vacant possession of the suit property, claiming it to be a Wakf property. Its case asset out in the plaint was as follows-

The suit property belongs to Hazarath Sham Mansoor Avulia Dargah at Thanjavur, and it is one of the several properties endowed for the maintenance and support of the said Dargah. The said Dargah is a notified Wakf. In O.P. 41 of 1971, the Dargah has been declared as a Wakf by the Sub Court, Thanjavur. The suit property is close to the Dargah and had been used hitherto as burial ground and for purposes connected with the Urs festivals of the Dargah and therefore, it has also become a Wakf by user from time immemorial. The suit property has been leased out to the second defendant, by the first defendant, who is the Secretary of the Board of Trustees of the said Dargah, for a period of 25 years for erecting a permanent cinema theatre, by an agreemen