Ranganath Misra, C.J. - (1.) These are, appeals by special leave and are directed against the decision of the Andhra Pradesh High Court dated 2nd of March, 1982, in three connected matters arising out of proceedings taken before the Principal Subordinate Judge at Vijayawada in a scheme proceeding passed in O.S. No. 113 of 1913.
(2.) The Subordiante Judge at Vijaywada was moved in O.S. No. 113 of 1913 under Section 92 of the Code of Civil Procedure for the framing of a scheme for the administration of the Jumma Masjid Wakf located at Vijaywada. On 30th of September, 1915, the scheme decree was made providing for a life time trustee from the family of the founder and five worshippers functioning as panchayats. Abul Hakim was the first life trustee under the scheme. It is maintained that Abdul Hakim died in October, 1945. The Wakf Act (29 of 1954) came into force in May, 1954, and after the completion of survey operations, the register of wakfs, as contemplated under Section 26 of the Act was drawn up where in the Jumma Masjid Wakf in question was included. The Wakf Board under the statute maintains that it took over the control of the Wakf as stipulated by the Act in June, 1962. It is alleged that the wakf appointed by the Wakf Board
(3.) ln 1973 the Mutwalli initiated eviction proceedings against Krishna Rice Mills, a tenant of certain wakf property in O.S. 73 of 1973. Eviction was decreed in January, 1976, and tenant carried an appeal to the High Court. Abdul Rahim died in 1977 whereafter Abul Gafoor was appointed Mutwaill by the Board in his place. Gafoor died in August, 1980.;