WAKF BOARD ANDHRA PRADESH Vs. BIRADAVOLU RAMANA REDDY

JUDGEMENT

(1.) WAKF Board Andhra Pradesh, the appellant before us has brought in challenge the decision rendered by a Division Bench of the High Court of Andhra Pradesh allowing the appeal of the respondent-defendant and dismissing the suit of the appellant-WAKF Board for possession of the suit property.

(2.) THE suit property consists of 481/2 cents of land situated in Nellore Town in Nellore District of Andhra Pradesh. THE appellant-Board as plaintiff filed in suit on 17-1-1973 in the Court of learned District Judge, Nellore. THE appellant's case in brief was that the suit property is wakf and is an Imam land granted to the then Paish Imam for rendering prayers at the Mosque commonly known as Abbas Ali Khan Mosque or Badruddin Ali Khan Mosque or Mustafa Ali Khan Mosque located in Big Bazar of Nellore Town. That the said land was sold by the then Paish Imam of the Mosque one Ghous Saheb to one Noor Mohammed on 24-4-1952. Obviously, Noor Mohammed came in possession of the land in question from that date. THE said Noor Mohammed sold the very same land to one Mathew on 4-7-1962. Mathew in his turn sold the property to his son, Jacob on 29-3-1966 and Jacob then sold the said property to the present respondent-defendant for a consideration of Rs. 15,000.00 on 20-8-1971. THE appellant Board challenged the said alienations by filing the aforesaid suit.

(3.) IN its application in the State of Andhra Pradesh, by the State amendment, the period was extended from time to time and by A.P. Act 10 of 1980, S. 2 the said period was further extended with effect from 31-12-1979 to 31-12-1981. It is not in dispute between the parties that at the relevant time when the suit was filed in 1973, the said period stood extended up to 31-12-1972.