A P STATE WAKF BOARD Vs. SABITA JOSHI

JUDGEMENT

(1.) The respondents herein filed O.S. No. 110 of 2006 in the A.P. Wakf Tribunal, Hyderabad (for short 'the Tribunal'), with a prayer to declare the notification dated 21-03-1985, issued under Section 4(3) of the Wakf Act, 1954 (for short 'the old Act'), in respect of a deserted Masjid, situated at Ward No. 13, Block No. 6, Karwan, corresponding to Sy. No. 182 of Gudimalkapur Revenue Village, Hyderabad, as unsustainable, contrary to the original Muntakhab, null and void; and to set aside the same. They stated that, one Mr. Muneeruddin was the pattadar of an extent of Ac. 6.14 guntas in Sy. No. 182/1 and 2 of Gudimalkapur, and he entered into an agreement of sale with one, Mr. Ramdas Maharaj, alias Ramdas Brahmachari, on 30-07-1956, to sell the land for a consideration of Rs. 2,500/ -. Possession is said to have been delivered on the same day. It was stated that Muneeruddin died on 15-07-1957 and thereafter his legal heirs executed a sale deed on 19-11-1966 in favour of Ramdas Maharaj, duly obtaining permission under the A.P (Telangana Area) Tenancy and Agricultural Lands Act.

(2.) Ramdas Maharaj is said to have executed a Will dated 20-02-1968 in favour of one Bhaskar Rao Joshi, and on the death of the executant of the Will, Bhaskar Rao Joshi became the absolute owner of the property. The respondents are said to be the legal heirs of Bhaskar Rao Joshi, who died on 18-05-2004.

(3.) It was mentioned that O.S. No. 597 of 1969 was filed by Bhaskar Rao Joshi, in the Court of II Additional Judge, City Civil Court, Hyderabad, for perpetual injunction, when he faced some disturbance from one, B. Narasimha Reddy. The suit was decreed and the same was affirmed by this Court in L.P.A. No. 281 of 1999.