MADANURI SRI RAMA CHANDRA MURTHY Vs. SYED JALAL

JUDGEMENT

(1.) Leave granted.

(2.) The order dated 07.09.2016 passed in Civil Revision Petition No.2472/2016 by the High Court of Judicature at Hyderabad allowing the Revision Petition and setting aside the order dated 08.03.2016 on I.A.No.458/2015 in OS No.59/2013 passed by the Andhra Pradesh State Wakf Tribunal at Hyderabad is called in this Appeal. The brief facts leading to this appeal are as under:

(3.) The respondent herein filed suit No.59/2013 before Andhra Pradesh State Wakf Tribunal at Hyderabad seeking cancellation of the sale deed dated 12.1.2013 in respect of the land bearing Survey No.113 admeasuring 4 acres 72 cents situated at Pernamitta village, Prakasam District, State of Andhra Pradesh. Certain consequential reliefs are also sought for. It is the case of plaintiff that Survey Nos.112 and 113 to an extent of 18 acres 88 cents situated at Pernamitta village were notified in the Official Gazette of Wakf Board dated 28.6.1962 at serial No.966 and were also surveyed by the Survey Commissioner appointed under the provisions of the Wakf Act. The part of Survey No.113 to an extent of 4 acres 72 cents was purchased by the defendant through the sale deed dated 12.1.2013 executed by Mr. Alluri Koteshwar Rao (Defendant No.6) in whose name property was standing. Plaintiff claims to be Mutwalli of the Wakf. The sum and substance of the plaintiff's case is that the defendant Nos.1 to 5 have purchased the suit property from a private person though the said property is the Wakf property and therefore the sale deed dated 12.1.2013 does not convey any right, title or interest in favour of the defendants 1 to 5.