N MANORAMA Vs. A P WAKF BOARD

JUDGEMENT

(1.) THE unsuccessful defendants in the suit have preferred the appeal against the judgment and decree dated 17.8.1989 passed by the learned Additional Chief Judge, City Civil Court, Hyderabad in OS No.287 of 1984 (old suit OS No.342 of 1977).

(2.) THE sole respondent herein filed the suit for recovery of possession of the land measuring 2665 square yards and also for mandatory injunction to remove the wall and for perpetual injunction not to interfere with the land and for past mesne profits at Rs.1000/- per month. The plaintiff is the Wakf Board represented by its Secretary. The case of the plaintiff was that the suit schedule mentioned property was endowed by one Jamsheed Khan the owner thereof under registered deed dated 7.10.1339 fasli for the purpose of construction of mosque. The said land endowed was duly entered in the books of endowments Ecclesiastical Department of the erstwhile Government of Andhra Pradesh and was published as endowed property in the Official Gazette dated 5.12.1234 Fasli and therefore it is a Wakf property. On 10.6.1977 the defendants commenced construction of compound wall illegally on the suit land and they also constructed walls of two rooms upto height of eight feet. The request of the plaintiff was not heeded to by the defendants and they continued the construction. Thus the defendants have illegally occupied an area of 2665 square yards of the suit land and therefore they are liable to be evicted therefrom. Hence the suit.

(3.) BASING on the above pleadings the following issues were framed at the time of settlement of issues.