A S ABDUL KHADER WAKF Vs. SABER MIAH

JUDGEMENT

(1.) These Second Appeals are filed by A.S. Abdul Khader Wakf for Deeni Talim, represented by its Managing Mutawalli Masood Abdul Khader, aggrieved by the reversing Judgments and decrees made by the Additional Chief Judge, City Civil Court, Secunderabad.

(2.) The appellant herein, as plaintiff instituted the suits on the file of the I Assistant Judge, City Civil Court, Secunderabad for the relief of eviction, recovery of mesne profits, damages for use and occupation and also for future mesne profits till recovery of possession against different tenants, arrayed as defendants in the respective suits. The Court of first instance had decreed the suits and aggrieved by the same, the respective tenants preferred Appeals and the appellate Court had reversed the judgments and decrees of the Court of first instance on twin grounds that the Wakf Board alone can maintain the suits and a Mutawalli cannot maintain the suits and also a joint Mutawalli or a co-Mutawalli cannot maintain the suits in the absence of the other Mutawalli. In view of the general importance involved, since these questions may have an impact on Wakf properties, their superintendence and management, one of us (P.S. Narayana, J.) by the order dated 20-2-2003 had framed questions specified infra, to be decided by an appropriate Division Bench. Inasmuch as the factual controversy is only incidental to the important questions raised, the Second Appeals were referred to be decided by an appropriate Division Bench in toto. The questions which had been referred to the Division Bench are as hereunder :

(3.) The factual aspects and the legal aspects involved in this Batch of Second Appeals being virtually the same, all these Second Appeals are being disposed of by a Common Judgment.