CHEEDELLA KOTAIAH Vs. WAKF BOARD ANDHRA PRADESH HYDERABAD

JUDGEMENT

(1.) The 7th defendant in O. S. 72 of 1971 on the file of the Subordinate Judges Court, Kandukur, is the appellant herein. He purchased an extent of Ac. 4. 50 Cents in Survey No. 1655 in Anandapuram Village under a sale deed Ex B-1 dated 16-8-1958 from four Muslim gentlemen. The suit O. S. 72 of 1971 was filed by the Wakf Board, Andhra Pradesh, for recovery of possession of several items of land from a number of defendants including the 7th defendant. The case of the plaintiff was that all these properties belonged to a mosque called Macca Maszid Mosque at Kandukur. The alienation of several items belonging to the Mosque in favour of the defendant was not valid and that the Wakf Board is entitled to recover possession of the said properties.

(2.) The appellant denied that the suit properties were endowed in favour of the Mosque.

(3.) In the Court below it was contended on behalf of the plaintiff that a notification had been made under S. 5 of the Wakf Act to the effect that the suit properties are properties granted to the Macca Maszid Mosque and as no suit has been filed questioning the notification, the notification became final and cannot be questioned by the defendants in the suit. It was further contended that even on the merits the property was wakf property having been granted to the Mosque.