KARNATAKA WAKF BOARD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a defendant's appeal. The first respondent filed a suit in O.S. No. 1/1981 on the file of Court of the Additional Civil Judge, Bijapur against the appellant, who was the first defendant, and respondent Nos. 2, 2A, 2B and 3, who were defendant Nos. 2, 2A, 2B and 3 respectively for a declaration of its title to the suit property namely property bearing CTS No. 34B in Ward VI of Bijapur City, for a declaration that the Notification published by the first defendant under No. KTW 531, ASR/74/7490 dated 24-1-1976 and also the Gazette Notification at page No.608 dated 8-7-1976 in Part VI relating to the suit property are illegal and void. Further, the plaintiff sought for a declaration that the order passed by the third defendant under No. WKF. SR. 6(V) dated 10-1-1980 is illegal and void, for deletion of the entries in the revenue records in favour of the defendant Nos. 2 to 2B in respect of the suit property and for a permanent injunction restraining the defendant Nos. 1 and 2A and 2B from obstructing the plaintiff's possession over the suit property. As an alternative relief, the plaintiff prayed for a declaration of its title to the suit property by adverse possession. The suit having been decreed as prayed for, the first defendant has filed this appeal impleading the plaintiff as the first respondent and defendant Nos. 2, 2A, 2B and 3 as respondent Nos. 2, 2a, 2b and 3 respectively.

(2.) The facts which have led to this appeal may briefly be stated as follows:-For the purpose of convenience, we will refer to the parties to this appeal by the position they have occupied in the lower Court.

(3.) The plaintiff is the State of Karnataka represented by Deputy Director of Public Instructions, Bijapur. The first defendant is the Karnataka Wakf Board represented by its Secretary. The second defendent is Peer Mahabari Khandayat and Peer Chinni Mahabari, managed by its managing Mutawalli and Sajjada Nashin, the defendant Nos. 2A and 2B. The third defendant is the Assistant Commissioner, Bijapur. During the pendency of this appeal, respondent No. 2a died and his legal representative has been brought on record.