BUILDING MOSQUE WAKF Vs. SHEIK MEERA AND SONS

JUDGEMENT

(1.) THIS second appeal is filed by the plaintiff against the concurrent judgments and decrees of both the Courts below dismissing the plaintiffs suit for recovery of possession as well as for recovery of past and future mesne profits.

(2.) THE respondent herein is the tenant of the appellant Wakf institution and admittedly the said tenancy is not protected under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960. THE appointed Mutawalli of the appellant issued a notice of termination requesting the respondent to vacate the premises by the end of July, 1978 and thereafter filed the suit for eviction. THEre were several other suits filed by the plaintiff against other tenants and all the suits came to be decided by a common judgment of the trial Court dated 7.5.1986 whereunder all the suits were dismissed primarily on the ground that the Mutawalli of the appellant is incompetent to file the suits. Questioning the said judgments and decrees, appeals were filed before the lower appellate Court.

(3.) HEARD learned Counsel for the appellant who has relied upon decisions reported in Bhagabandas Agarwalla v. Bhagwandas Kanu and others, AIR 1977 SC 1120 = (1977) 2 SCC 646, Syed Khersha Sajanshah Mutawalli, Bhuj- Kutch, v. The Bhuj Municipality and another, AIR 1986 Guj. 1 and Mohammed Sab Wallad Gafar Sab v. Abdul Gani Wallad Mohammad Hayath, ILR 1985 Kar. 1614, in support of the proposition that Mutawalli has all powers of management and administration of wakf and wakf properties. Under Section 3(0 of the Wakf Act, 1954, Mutawalli is defined as follows: