STATE OF GUJARAT Vs. ALLAUDDIN BABUMIYA SHAIKH

JUDGEMENT

(1.) - The State of Gujarat has questioned the order passed by the Division Bench of the High Court in L.P.A. No. 21 of 1966 whereby the Division Bench came to the conclusion that the disputed land belonged to the Wakf administered by the respondent. Two questions were urged before the Division Bench:

(2.) We find from the order of the Division Bench that the land in question has been in the occupation of those in charge of the Wakf since before 1878. The first document on which reliance was placed is of 24th May, 1878, Exhibit 40. It shows an arrangement with Fakir Kalushah who was inducted on the Wakf property for the management of the Mosque as well as the land appurtenant thereto. Ext. 41 is a mortgage deed executed by the sons of said Fakir Kalushah on 4-6-1888 which was later redeemed by Ext. 79 dated 11-4-1907. The documents Exhts. 42 and 43 are rent notes executed on 19-4-1927 and 20-3-1930. The accounts of the Wakf also show that rent was realised under the Rent notes Exts. 42, 43 and 46 and credited to the wakf. On the basis of this evidence, the Division Bench came to the conclusion that the date of the plaintiffs' entry in the land is shrouded in mystery meaning thereby that the actual date of entry is not known but could be any time before 1878. The Division Bench, ,therefore, held that the possession of the plaintiffs was long peaceful and lawful and that it lends presumption of title. It is, therefore, obvious from these facts that the plaintiffs were in possession of the land for more than sixty years prior to the institution of the proceedings under Section 37(2) of the Code in 1951. We, therefore, do not see any infirmity, in the impugned order of the High Court.