MEHERUNNISSA BEGUM Vs. A P WAKF BOARD

JUDGEMENT

(1.) The plaintiffs in OS No. 785 of 1993 (Old OS No. 1291 of 1988) on the file of the Court of the V Senior Civil Judge, City Civil Court, Hyderabad, are the appellants herein. Two suits have been filed, one by these plaintiffs and another by the 1st plaintiff, which is OS No. 2240 of 1987. The subject-matter of the dispute concerning OS No. 2240 of 1987 is a house bearing No. 22-3-697 admeasuring 316 square yards, whereas the suit OS No. 785 of 1993, which is under appeal, concerns the house bearing No. 22-3-697 and 698 situated at Purani Haveli.

(2.) The case of the plaintiffs is that one Syed Shah Lagan Quadri was the owner of the properties and mulgies. Subsequent to his death, the Mosque constructed by him was known as Dargah and Mosque Syed Shah Lagan Quadri. The property was granted by Sarfekhas Mubarak to Syed Shah Lagan Quadri. After his death, his son Syed Ahmed Ali Shah Quadri inherited the property and became Mutawalli of the said property. After the death of Syed Ahmed Ali Shah Quadri, his grandson Fareeduddin Quadri, who is husband of the 1st appellant herein inherited the schedule properties and appurtenant site and has been in possession and enjoyment of the property by leasing out the same. The defendant was said to be claiming the property as a Wakf property and a Muntakab No. 763 was issued in 1359 Fasli. It was also further pleaded that it was amended in the year, 1982 without the notice of the plaintiffs. It is their personal property and not the wakf property.

(3.) Both the suits were tried together and both the suits were dismissed by the trial Court holding that the properties are wakf properties. Against them, two appeals were carried and XII Additional Chief Judge, City Civil Court, Hyderabad, allowed the appeal so far as properties in OS No. 2240 of 1987 are concerned and so far as the properties concerned in OS No. 785 of 1993 are concerned dismissed the appeal in AS No. 273 of 1999. Aggrieved by the said judgment, the present second appeal has been filed.