ST LOUIS EDUCATION SOCIETY Vs. JAMIA MASJID

JUDGEMENT

(1.) THIS revision is against an award passed by the Andhra Pradesh Wakf Tribunal, Hyderabad.

(2.) THE plaintiffs filed OS No.2 of 2000 before the Tribunal and the plaintiffs include A.P. State Wakf Board and also the President of Jamia Masjid, Marredpally, Secunderabad. THE suit was laid on the ground that a Masjid is situated at West Mareddpally, Secunderabad, which has attached property such as old and new Muslim graveyard at 146 (Municipal No.10-1-3). THE mosque, the graveyard, land pertaining to mosque, Dargahs, Ashoorkhana etc., were registered as Wakf property. THE management of the mosque is under the control of the Committee appointed by the Andhra Pradesh Wakf Board. Mohd. Moizuddin was appointed as President of the 1st plaintiff through proceedings dated 7.1.1994.

(3.) THE defendants in their written statement, contended that it was not in their knowledge that the property was Wakf property and Mr. Mohd. Moizuddin was appointed as President by the Wakf Board. But it was however stated that the 1st defendant had not taken on lease 2587 square yards from the plaintiff, but it took on leas an area of 6,467.30 square yards. It is also denied that the property had been taken to run an educational institution named 'St. Andrews School'. THEre was an understanding that the defendants would make their own constructions and they have invested huge amounts. THE 1st defendant had approached the I.G. of stamps for getting validated the lease deed dated 17.4.1991. It was also denied that the 1st defendant had constructed the building at West Marredpally and the school had been shifted to the said building. THE sub-letting from 1st defendant to 2nd defendant was also denied. Tribunal had no jurisdiction to try the suit. THE plaintiff had not stated as to how the property was Wakf property. THE dispute was outside the jurisdiction of the Wakf Tribunal as it related to termination of tenancy and it was within the jurisdiction of the City Civil Court.