TAMIL NADU WAKF BOARD Vs. KHADER BADSHA SAHEB

JUDGEMENT

(1.) As all these Letters Patent Appeals arise out of common judgments rendered by the trial court, appellate court and the second appellate court, they are to be disposed of by a common judgment.

(2.) The Letters Patent Appeals Nos. 126 of 1976, 57 of 1977 and 58 of 1977, arise out of the same suit 0. S. 13 of 1970 which is one for recovery of possession of one acre and 11 cents comprised in Survey No. 204/1, filed by the Tamil Nadu Wakf Board against one Ponnuthavammal. L. P. A. No. 55 of 1977 arises out of the suit 0. S. 514 of 1970 filed by the Wakf Board against one Kader Badsha Saheb for recovery of possession of one acre and 89 cents comprised in survey No. 188/1. L. P. As.56 and 59 of 1977, arise out of the suit 0. S. 519 of 1970 filed by the Wakf Board against one Sheik Dawood Saheb and two others for reeovery of possession of about 2.03 acres comprised in survey No. 176/2 in Madapuram village, in Siva ganga Taluk. In all the three suits the Wakf Board pleaded as follows:- The Assistant Commissioner of Wakfs ap pointed under S. 4 of the Wakf Act (hereinafter referred to as the Act) made an enquiry under the said section and filed a report Ex. A. Y dated 31-7-1956 to the effect that the suit properties belonged to Agori Pallivasal. Thereupon a publication was made in the Official Gazette, Ex. A. 2 on 22-4-1959. But no 10 suit had been filed by any one questioning the notification within one year from the date of publication of Ex. A. 2. Therefore the Wakf Board is entitled to file the suits under Section 15 (2) (h) of the Act, which enables the Board to recover the lost Properties of any wakf along with the mesne profits both past and future.

(3.) The defendant in 0. S. 513 of 1970 had purchased the properties involved in the suit from one Pacha Saheb and two others under Ex. B 1 dated 13-3-1952 and from Kadhar Badsha Saheb under Ex. B 2 dated 15-3-1953. The defendant in O. S. 514 of 1970 had Purchased the properties involved in that suit from one Kottutkurai Sahib under Ex. B-9 dated 9-12-1953, and from one Rai Mohamed Sahib under Ex. B. 10 dated 17-12-1953, from one Habib Sahib under Ex. B. 11 dated 7-10-1954 and from one Mohideen Badsha Saheb under Ex. B 12 dated 23-12-1957 respectively. The defendant in 0. S. 519 of 1970 is the assignee of the usufructuary mortgage in respect of the property involved in that suit under Ex B 28 dated 9-8-1948, and the assignment tinder Ex. B 27, dated 13-9-1944, had been executed by one Thaiyar Sultan Saheb and others and in these documents there is reference to the Pallivasal being the owner of the property covered thereby.