WAKF BOARD HYDERABAD Vs. BIRADAVOLU BALARAMI REDDY

JUDGEMENT

(1.) The Appellant herein is the Wakf Board, Andhra Pradesh who was the plaintiff in O.S. No. 50 of 1968 Sub-Court, Nellore which was later numbered as O.S. 6 of 1972 of District Court, Nellore the suit was filed for recovery of possession of an extent of 161 ankanams out of 0-63 cents situate in Survey No. 461 in Nellore village. The case of the plaintiff was that this formed part of certain property which was endowed in favour of a mosque called Badruddin AH Khan Mosque for the performance of Pesh Imam service. In 1950 the properties were in the enjoyment of two brothers Mohd. Ghouse and Abdul Hafees in whose favour a release deed was executed on 25-10 1937 by other family members. The brothers partitioned their properties on 7-5-1948 and agreed to perform the services in turn of six months duration. On 10-8-1950 they sold item 1 of the plaint schedule property to the defendant. On the same day, they sold a part of item 2 to one Sundarram Reddy who in turn sold it to the defendant's brother under sale deed dated 9-5-1952, the remaining part of item 2 was sold by one Rahamatunnisa Begum on 1-1-1959 under the agreement of sale to one Eswaramna, the sister of the defendants. Subsequently, this part of item 2 also came into possession of the defendant. By reason of these transactions the defendant was in possession of both the items 1 and 2 of the plaint schedule. The property endowed to the mosque including the plaint schedule property was notified as Wakf Property under Section 5 of the Wakf Act by a notification dated 2-5-1963. The plaintiff filed the above suit for recovery of possession claiming that the property was Wakf Property, that it was inalienable and the alienation's in favour of the defendant or his predecessor-in-title were void and the plaintiff was therefore, entitled to recover possession of the property from the defendant.

(2.) The defendant resisted the suit. He denied that the property was Wakf Property. He contended that the properties belonged to the two brothers Mohd. Ghouse and Abdul Hafees in their personal capacity and they were entitled to sell the property to the defendant or his predecessors-in-interest. He also contended that they acquired title by adverse possession and the suit was barred by limitation.

(3.) The plaintiff had the plaint amended subsequently by substituting the name "Abbas Ali Khan Mosque" for the name 'Badruddin Ali Khan Mosque which was used in the original plaint.