CHELLI VENKAYYAMMA Vs. A P WAKF BOARD

JUDGEMENT

(1.) This is an appeal filed by defendants Nos.2, 4, 5, 6, 7 and 9 against the judgment of the learned Subordinate Judge, Rajahmundry in O.S.No.133/71.

(2.) The respondent-plaintiff, the A.P.Wakf Board, filed the suit for recovery of possession of the plaint schedule lands evicting the defendants therefrom and for future profits and costs.

(3.) The plaint averments are as follows: The lands described in the plaint schedule covered by inam title deed No.2422 are part of the Wakf properties of the Mosque in the village of Kota in Ramachandrapuram Taluk. These lands are inalienable. Mutawalli could utilise the income from the lands for the maintenance of the Mosque. While so, it is found, on investigation, that the Mutawalli or his legal heirs had alienated the plaint schedule lands, and all such sales are illegal and void ab initio. The plaintiff, Wakf Board, was constituted under, the provisions of the Wakfs Act 29/54 and the plaintiff got made a survey of all wakfs properties in the State and thereafter a list of all wakf properties was published in the Andhra Pradesh Gazette Part II dated 19.4.1962 and the plaint schedule lands are covered by the said list. The said Gazette notification has not been challenged by anybody within the time allowed by the Statute, and it has become final. Therefore, all the properties mentioned in the plaint schedule belong to the Wakf and the defendants were in possession of the same and are liable to be evicted. Hence the suit for possession.