RASIA BEGUM Vs. A P WAKF BOARD

JUDGEMENT

(1.) The defendant in O.S.No. 78/67 on the file of the Third Additional Judge, City Civil Court, Secunderabad, has preferred this appeal against the Judgment and decree dated 30-3-1976 passed by the third Additional Judge decreeing the suit. The Andhra Pradesh Wakf Board through its Secretary had filed the suit for possession of premises known as Kbankha bearing Municipal No. 17-8-422 forming part of the Wakf property of a mosque known as Fatheullahbeg Mosque situated at Chaoni Nader Ali Beg, near Yakutpura Railway Station on the ground that the suit propeny was part of the Wakf property which is in illegal possession of the defendant since 1946, and, therefore, she should be ejected. To be more precise, in paragraph 5 of the plaint, it is alleged:

(2.) The plea taken up by the defendant in her written statement was that the suit property was not Wakf property because it was not registered as Wakf property. She also pleaded title in herself and stated that the Wakf Board had taken advantage of the extension of the period of limita ion under the Public Wakfs (Extension of Limitation) Act, 1959, (herein-after referred to as the Act), and instituted the suit, but the said suit is barred by limitation.

(3.) On the basis of these pleadings, the trial Court framed the following issues : ' "1. Whether the plaint schedule property is a Wakf property ? 2. Whether the defendant acquired title to the suit property by Virtue of a judgment of 1338 F. of 4th June, City Civil Court ? 3. Whether the defendant has illegally occupied the plaint schedule property in the year 1946 and is residing thereby letting out its portions to various persons? 4. Whether the plaintiff is entitled to claim mesne profits at the race of Rs. 60/- per month ? 5. Whether the suit is property assessed and the Court fee paid' is incorrect ? 6. Whether the other occupants of the suit schedule property are the necessary'parties ? 7. Whether the suit is within limitation ? 8. To what relief ?