VISVARAMA HOTELS LTD Vs. ANJUMAN E IMAMIA

JUDGEMENT

(1.) Civil Revision Petition No.2221 of 1982 is filed by defendant-2 and is directed against the order dated 8.7.1982 of the XII Additional City Civil Judge, Bangalore in O.S.No.8041 of 1980 brought by respondents 1 to 3 as plaintiffs in that suit. Civil Revision Petition No. 2995 of 1982 is filed by the State of Karnataka against the very same order of the learned Judge. But, in that case the State has filed a memo on 30.3.1983 praying for permission to withdraw the same, which has given rise to Writ Petition No.7525 of 1983 by one Sri G.P. Shivaprakash, an Advocate of this Court. In the course of my order hereafter, I will refer to those who are parties in O.S.No.8041 of 1980 by their array in that suit, the State of Karnataka, petitioner in C.R.P.No.2995 of 1982 which is respondent-1 in Writ Petition No.7556 of 1983 as the State and Sri G.P. Shivaprakash, petitioner in Writ Petition No.7556 of 1983 as the petitioner.

(2.) In order to appreciate the several questions that arise in these cases, that are connected, some of which are even novel and appear to have arisen for determination for the first time before a High Court in the Country, it is necessary to notice the salient facts in the first instance.

(3.) On 15.10.1973 Muthuvallies of a Wakf called 'Aga Ali Askar Wakf created by one Ali Askar of Bangalore, paternal grand father of Sir Mirza Ismail, one of the illustrious dewans of old Mysore, with the approval of the Karnataka Board of Wakfs, defendant-5 leased out an extensive immovable wakf property bearing Municipal No.25 situated on Sankey Road, a posh locality of Bangalore City, consisting of vacant land measuring about 1,65,762 sq.ft. or about 3 acres 8 guntas with an existing old building thereon known as 'Baqarbad' to defendant-1 on the terms and conditions stipulated in the lease deed of that date. On 13.9.1974, defendant-1 assigned the said lease to defendant-2 who had thereafter obtained its extension from the Muthuvallis and defendant- 5 for 90 years.