S ABDUL RAZACK Vs. M R O KOLLUR

JUDGEMENT

(1.) This appeal is directed against the decretal order passed by the Additional Senior Civil Judge, Kurnool in O.P.No. 60 of 1988 dated 22-4-1993.

(2.) The brief facts which are necessary to dispose of the appeal are as follows: An extent of Ac. 10-71 cents in S.Nos. 373/1A, 373/1-C and 373/3 situate at Kallur village was acquired for the purpose of house-sites to the weaker sections of the society by issuing notification under Section 4(1) of the Land Acquisition Act, 1894 (for short the 'the Act'). The appellant and the second respondent filed their claims statements pursuant to the notice issued under Section 9 of the Act. The Wakf Board filed a claim statement stating that the entire property stands registered as wakf land of Budda Buddi Mosque in the village account No.10(1) of Kallur village under the control and administration of A.P. State Wakf Board. The Mutavallis or Inamdars do not have any alienable rights in the said land, as it is a service inam land granted for service rendered at Mosque and entire rights of Management vest only in the Wakf Board. The said lands have been surveyed by the Wakf Commissioner appointed by the Government of Andhra Pradesh and the same has been registered as Wakf as per the Wakf Act, 1954 and the same was published in the A.P. Gazette Part II on 24-10-1963 at Serial No. 3132 along with the name of Mutavallis. The. appellant herein who was second claimant is the nephew of late D. Mohammed Hayath The Wakf Board conducted an enquiry under Section 45 of the Wakf Act through Zonal Officer, Kurnool. He submitted a report stating that the heirs of the deceased Mutavallis are in unauthorised possession of all the properties of the Mosque, that some of them entered into sale agreements with regard to the immovable properties belonging to the wakf and there is large scale mismanagement. Hence, the Enquiry Officer recommended to attach all the properties belonging to Budda Buddi Mosque. Accordingly the Wakf Board issued proceedings, which were published in the A.P. Gazette dated 22-8-1985 declaring that the mosque along with all its attached properties were taken over and kept under the direct management of the A.P. Wakf Board under Section 43(2) of the Wakf Act. The said order has become final and hence, they are entitled for compensation.

(3.) The appellant who was second claimant filed a claim statement stating that the properties, which were acquired, are wakf properties belonging to the Budda Buddi Mosque. There are number of inamdars of the said Mosque at Kurnool. He (second claimant) is one of the inamdar of the Mosque and he is an hereditary inamdar or Mutavalli of the Mosque. He has been in possession and enjoyment of the property and being an hereditary inamdar as on the date when the Land Acquisition Officer taken over possession of the land, he claimed compensation amount. The Land Acquisition Officer after conducting an enquiry, through his award No. 3/84-85 dated 28-3-1985 fixed the market value of the acquired land at Rs. 65,000/- per acre. The Land Acquisition Officer deposited the compensation amount of Rs. 9,19,889-95 in the civil Court, in view of the rival disputes between the claimants, the Land Acquisition Officer referred the matter under Section 31(2) of the Act to the civil Court. Before the reference Court, on behalf of the Wakf Board, R.Ws. 3 and 4 were examined and Exs. B-11 to B-56 were marked and on behalf of the appellant (second claimant) R.Ws. 1 and 2 were examined and Exs. B-1 to B-10 were marked. After analysing the entire evidence made available on record, the reference Court came to the conclusion that the property belongs to Budda Buddi Mosque which is a wakf in view of the publication in the A.P. Gazette Part II dated 24-10-1963 (Ex. B-12). When the property was mismanaged by the Mutavallis, the same was taken under the administrative control of the Wakf Board under Ex. B-11. It is not in dispute that as the property is a service inam and the Mutavalli who is doing service can enjoy the property as long as he renders service to the Mosque. The Wakf Board paid salaries of Mouzzan and Peshimam under Exs. B-19 to B-32 and that after the death of three Mutavallis whose names were published under Ex. B-12, nobody is appointed as Mutavalli to Budda Buddi Mosque and the second respondent (second claimant) alone is entitled to receive the compensation amount and the appellant is not entitled to receive any compensation.