SUSHILABAI BACHARAJ RATHI Vs. GULAB MEHBOOB AND ORS.

JUDGEMENT

(1.) THE proceeding is filed against the judgment and order of Wakf Suit No. 71/2006 which was pending before Wakf Tribunal Aurangabad. The suit was filed by respondent No. 1, Mutawalli of Jama Masjid of Old Jalna, District Jalna for the relief of declaration and possession. The suit is decided in his favour. Original defendant No. 1 has challenged the decision. Both the sides are heard.

(2.) THE suit was filed in respect of land Survey No. 327/1 admeasuring 5 acres situated at village and Tahsil Jalna. It is the case of the plaintiff that the suit land was given as service inam land to the Inamdar for rendering services to the aforesaid Jama Masjid and also for rendering services to Dargah of Hajrat Latifullah Shah Quadri, Jalna. It is the case of the plaintiff that in the Government Gazette dated 21 -6 -1973 the property was shown as service inam land and it was belonging to the aforesaid religious institutions and the gazettes were published as per the provisions of the Wakf Act 1954 and Wakf Act 1995.

(3.) IT is the case of the plaintiff that as per the provisions of the Wakf Act and the Atiyat Inquiry Act 1950 the suit property is not alienable but some transactions are made by third parties in respect of the suit property and the plaintiff came to know about these transactions very recently. It is contended that the suit property was purchased by defendant No. 1 under sale deed 18 -3 -1980 and the defendant No. 1 is saying that he is in possession of this property under this sale deed. It is contended that the defendant No. 1 informed to Mutawalli that he has right to take water from two wells situated in land Survey No. 326/A for cultivation of the suit land. It is the case of the plaintiff that Survey No. 326/A is also wakf property and it is dedicated to aforesaid two institutions.