LAWS(APH)-1985-1-23

TIRUPATHL SWAMY Vs. A P WAKF BOARD

Decided On January 01, 1985
MANNAM THIRUPATHISWAMY Appellant
V/S
ANDHRA PRADESH WAKF BOARD, M.FAZNLLAH SHERIFF Respondents

JUDGEMENT

(1.) The main point for determination in these appeals is whether the Inam grants in question constitute wakf property within the meaning of the Wakf Act 29 of 1954, (hereinafter called the Act).

(2.) The Andhra Pradesh Wakf Board is the plaintiff in O. S. No. 63/67 on the file of the Subordinate Judge's Court, Ongole for the recovery of plaint schedule property consisting of two items situated in Pernamitta and Kolachanakota villages of an extent of Acs. 18-88 cents and Acs. 8-96 cents respectively. Ths plaint case is that the property in question was endowed for the support and service Asburkhana in the village of Ongole and the defendants are the alienees of the wakf property and the plaintiff is entitled to recover she property as the alienations are void.

(3.) The defence is that the property in question is not wakf property but they are personal inams granted to the ancestor of the defendant's vendors and they also perfected their title by adverse possession and hence the suit is liable to be dismissed.