SAYYED ALI Vs. A P WAKF BOARD HYDERABAD

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the High Court of Andhra Pradesh dated 6-8-84 passed in Appeal No. 89 of 1976 (reported in AIR 1985 Andh Pra 127) whereby the High Court allowed the appeal and decreed the original suit filed by the first respondent herein.

(2.) THE facts leading to the filing of the Civil Appeal are these :

(3.) LEARNED counsel appearing for the appellant advanced number of submission in support of appellants' case. He contended that the view taken by the High Court that the property is a Wakf is erroneous. LEARNED counsel took us to various documents which are on record of the case and argued that the property was in fact a grant made to individuals and not a Wakf property. The document relied upon by the High Court for coming to the conclusion that the property is a Wakf, are Ex. B 3 dated 1-12-63 which is an extract from the Inam Fair Register, Ex. B-4 is a certified copy of the decree dated 17-12-1903, Ex. A-30 is a certified copy of compromise decree dated 7-2-1910 and Ex. A-1 is a survey report dated 2-4-1956. It is true that the grant or sanad dedicating the property is not on record. Further, there is no evidence on record to show as to who granted inam, in whose favour and in what year. In the absence of such documents what is to be considered is, whether taking an overall view of the evidence on record, the Wakf Board has succeeded in establishing that there is a permanent dedication of the property as Wakf. Ex. B-3 and Ex. A-20 throw sufficient light on the character of the disputed property. Ex. A-20 shows that the grant was made of land in Devada Mokhasa and the Mokhasa village was resumed and the title deed earlier issued by the Inam Commissioner was cancelled in July, 1902, as the grantees were not rendering service at the Dargah. The Mokhasadar challenged the resumption of land by means of a suit filed before the District Judge, Visakhapatnam being Suit No. 16/1902 and the District Judge decreed the suit by the judgment dated 17-12-1903 (Ex. B-4). The Government preferred an appeal against the said judgment before the Madras High Court where the dispute between the Government and the Mokhasadar was compromised, vide Ex. A-30, the relevant clauses of which are extracted below :