KARNATAKA WAKF BOARD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Both these appeals raise common questions of law; hence they were heard jointly and are being disposed of by a common judgment. Under S. 4 of the Wakf Act, 1954, the Survey Commissioner of the State of Karnataka conducted a survey of Wakf properties existing in the State of Karnataka. After the survey was over, a list of properties of Wakf was prepared under S. 5 of the Act and the same was published in Official Gazette by Notification on 8-7-1976. In the said Notification, property comprising CTS No. 34B in Ward No. VI of Bijapur city was included as an item of Wakf property. So also, property bearing Survey No. CTS 34/A2 situated in Ward No. VI in Bijapur city with a building thereon was included as an item of Wakf property. After the Notification, the Department of Education, represented through Deputy Director of Public Instructions of the State of Karnataka, filed Original Suit No. 1/1981 on the file of the Additional Civil Judge, Bijapur, against the present appellant-Karnataka Wakf Board and four others, for declaration that the inclusion of the property bearing CTS No. 34B in Ward No. VI of Bijapur city as Wakf is illegal and void and also for consequential injunction to restrain the defendants from obstructing the plaintiffs possession over this property. Plaintiff had prayed that the notification of the said property as a Wakf property be declared illegal and void. As an alternative relief, the plaintiff sought for declaration of title by adverse possession.

(2.) As regards property and the building comprising CTS No. 34/A2 in Ward No. VI of Bijapur city, the Department of Agriculture, represented through Director of Agriculture of the State of Karnataka filed Original Suit No. 4 of 1981 on the file of the Principal Civil Judge, Bijapur praying for a declaration of the title of the plaintiff over this property and sought for further declaration that the Notification published on 8-7-1976 was illegal and void. The plaintiff also sought for injunction restraining the defendants from obstructing the plaintiffs possession over the suit property.

(3.) In both these suits, the Karnataka State Wakf Board was the first defendant. The other defendants in both the suits are also common. At first, we shall take up the case relating to property comprised in Survey No. CTS No. 34B situated in Ward No. VI of Bijapur city, which is claimed by the Education Department of the Karnataka State. We shall refer to the parties as arrayed in the original suit. The plaintiff contended that this property originally belonged to the then Government of Bombay. Then the District Local Board, Bijapur purchased this property and the value was fixed at Rs. 16,325/-. Later on, the District Local Board handed over this property to the District School Board. In the year 1961, District School Board constructed on office building on that property. After the re-organisation of the States and coming into existence of the State of Karnataka, the District School Board merged into the Department of Education and thus, the property came to belong to the Department of Education, Government of Karnataka and the plaintiff came to know of the Notification showing this property as a Wakf property and the plaintiff alleged that it was done at the instance of defendants Nos. 2A and 2B and no notice was served on the plaintiff before the publication of such Notification.