A P STATE WAKF BOARD Vs. MAVURU SUNDARAMMA

JUDGEMENT

(1.) As both these appeals raise common questions of law they were heard jointly and are being disposed of by a common judgment.

(2.) Brief facts, which are necessary for disposal of these two matters are that the appellant is the A.P. State Wakf Board, which inter alia seeks to assail the judgments and decrees of both the Courts below dismissing the suit filed by it for the relief of declaration of title and possession with regard to the suit schedule properties, which are involved in both the matters. Both the Courts below on appraisal of the entire evidence and the material on record and having found that the appellant- plaintiff had failed to establish its title upheld the title and possession to that of the: respondents and dismissed the suit.

(3.) Having regard to the concurrent findings, as arrived at by both the Courts below especially in regard to the factual aspect as to the title and possession, this Court would not venture to go into any of these aspects in exercise of powers under Section 100 of CPC. However, having regard to the specific plea raised on behalf of the appellant herein to the effect that admittedly the suit properties having been notified under Section 4 of the Wakf Act, after conducting a regular survey, such a notification is conclusive one, as long as no suit is being filed by the Wakf Board and such entries, as contemplated under proviso 6(1) of the Wakf Act, within the period prescribed thereunder, respondents cannot assail the title and it is not open for them to assail the same.