WALI MOHAMMED Vs. RAHMAT BEE

JUDGEMENT

(1.) This is an appeal by the plaintiff in the suit - O. S. No. 938 of 1976 on the file of the First Assistant Judge, City Civil Court, Secunderabad. The appellant filed the suit as Mutawalli and person-in-charge of the suit property, for possession. The suit was decreed by the trial Court by Judgment dated 13-10-1977. The respondent-defendant filed appeal A. S. No. 83 of 1978 and the same was allowed on 17-3-1979 by the Additional Chief Judge (cum-Special Judge S.P.E.,) City Civil Court, Hyderabad and the suit was dismissed. The plaintiff then filed Second Appeal No. 575 of 1979 in the High Court and it was dismissed on 2-8-1982. Against that Judgment, the plaintiff has filed this appeal by special leave. Pending this appeal, plaintiff's legal representatives have been brought on record. We are, however, suo motu impleading the A. P. Wakf Board as an appellant in exercise of our power under Article 136 of the Constitution of India, so as to safeguard the interests of the Wakf property.

(2.) The main point urged by the learned counsel for the appellant-plaintiff is that the finding of the lower appellate Court and the High Court that the respondent-defendant acquired title by adverse possession to the suit property is not correct in law.

(3.) The suit property is an extent of 300 sq. yards in Secunderabad containing various premises and buildings thereon, located within the graveyard and Darga described in the plaint scheduled as 'Syed Khaja Peer Darga'. The suit property is claimed by the Wakf Board through the plaintiff as Mutawalli.