MOHD ABDUL JABBAR Vs. MOHD GHULAM MUSTAFA

JUDGEMENT

(1.) THIS revision petition is filed by the plaintiff in O. S. No. 40 of 1998 on the file of the Wakf Tribunal, Hyderabad.

(2.) THE plaintiff filed the suit for declaration that the suit schedule property i. e. , a mulgi is a wakf property attached to the Mosque and for injunction restraining the defendants from alienating the suit mulgi.

(3.) THE plaintiff is one of the persons interested in the wakf property as defined under Section 3 (k) of the Wakf Act. He filed the present suit by contending that the then Muthawalli sold away the property without obtaining sanction either from the court or from the Wakf Board, therefore, the sale transaction is not legal and it shall be declared as the property of the wakf even after execution of the sale deed. The second defendant, who is the purchaser of the suit property, contended that in 1344 Fasli, a sanction order was obtained by the then Mutawalii from the ecclestical department of Nizam Government and on the basis of the said sanction order, the suit mulgi was sold on 2. 1. 1975 by the then mutawalii and later it was sold to the second defendant and after the sale, a ratification order was obtained on 16. 4. 1975, therefore, there is no illegality in the sale transaction. Hence, the suit has to be dismissed with costs.