MARATHWADA WAKF BOARD Vs. RAJARAM RAMJIVAN MANTHRI

JUDGEMENT

(1.) THE brief background of the second appeal is that the respondent No. 1 namely Rajaram Ramjivan Manthri claims that he had purchased property being suit house situated at Manwath Pathri Dist. Parbhani from one Amirkhan by a registered sale deed dated 4-9-1961 for Rs. 6,000/ -. The said Amir Khan had purchased the said property from one Jamalbi widow of Sharfuddin by registered sale deed dated 11-1-1940.

(2.) THE appellant herein namely Marathwada Wakf Board had issued a notification dated 5-9-1974 wherein at Sr. No. 19 in addition to the Masjid Chowk and grave yard, a house alongwith 3 shops which were purchased by the respondent No. 1, were included as Wakf property.

(3.) THE respondent No. 1, who had purchased the said property from said Amir Khan on 4-9-1961 and has been continuously in possession of the said house property and shops, aggrieved by the said Government gazette notification threatening his title to his property, filed Regular Civil Suit No. 145/1975 before the Court of Civil Judge, Senior Division, Parbhani, seeking a declaration that he is the owner of the said suit house situated at Manwath Tq. Pathri Dist. Parbhani. The learned trial Judge, after recording evidence, came to the conclusion that the plaintiff was not entitled to relief claimed therein in the sense that the plaintiff had failed to prove his claim and the suit was dismissed.