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20. Being aggrieved by judgment and decree of the trial court, defendants 1 to 5 preferred an appeal A.S.No. 31 of 1983 on the file of the District Court, Tirunelveli and contended that the Wakf Act does-not totally prohibit the alienation of the wakf properties, that Section 36-A of the Wakf Act invalidates transfer of immovable property of a wakf without obtaining previous sanction of the Board and in the present case, the defendants have applied for permission for sale and that there is a presumption of permission being granted by the plaintiff Wakf Board, as it had kept silent, that for violation of Section 36-A of the Wakf Act, action could be taken under Section 36-B of the Wakf Act and no civil suit is maintainable. It was further contended that the plaintiff cannot retain the property purchased with the sale proceeds of the Wakf property and also the property in dispute.

34. It is also admitted that the alienation of Wakf property under Ex.A-1 dated 27.7.1978 was without the prior sanction or approval of the Wakf Board. It is to be pointed out that an application had been submitted on 23.9.1975 by defendants 2 to 5 to the Wakf Board for permission, but the application proceeds as if it is in respect of their private property, permission is being sought for. Subsequently also, a notice had been sent on behalf of defendants 2 to 5 through their counsel wherein it was sought to be suggested that the Wakf is a private Wakf. All these claims of the defendants have been given up in the course of the proceedings and it has been admitted that the suit property is a Wakf property and that alienation without prior sanction of the Wakf Board is void.

65. Further, in terms of Sub-section (2)(j) of Section 15 of the Wakf Act, the sanction for alienation of immovable property of a wakf has to be effected at lease by two-thirds (2/3) of the members of the Board voting in favour of such transaction. Sub-section (2)(j) of Section 15 of the Wakf Act reads thus:

To sanction in accordance with the Muslim law, any transfer of immovable property of a Wakf by way of sale, gift, mortgage, exchange (or lease in accordance with the provisions of this Act) provided that no such sanction shall be given unless at least two thirds of the members of the Board vote in favour of such transaction.
(iv) The judgment of the lower appellate court is set aside.
(v) The ratification of the alienation dated 27.7.1978 is invalid and without jurisdiction.
(vi) The resolution dated 30.1.1998 is invalid and inoperative and
(vii) The alienation of the Wakf property is neither beneficial to the Wakf nor it is bona fide action nor the alienation could be held to be in the interest of the Wakf in question.

76. In the circumstances, the writ petition is allowed and the impugned proceedings are quashed. The second appeal is allowed. The judgment and decree of the first appellate court is set aside and the judgment and decree of the trial court is restored. No costs.