ASSAM BOARD OF WAKF Vs. KHALIQUOR RAHMAN, ON THE DEATH OF KHALILUR RAHMAN HIS HEIRS AND LEGAL REPRESENTATIVES AND ORS.

JUDGEMENT

(1.) THIS second appeal is directed against the Judgment and decree of the learned District Judge, Kamrup at Gauhati in Title Appeal No. 5 of 1975. The learned District Judge reversed the Judgment and decree of the learned Asstt. District Judge No. 2 Gauhati in Title Appeal No. 4 of 1963. The appeal has been filed by the Defendant, namely, the Assam Board of Wakfs.

(2.) THE suit was laid by the Plaintiff -Respondents for a decree, inter alia, for declaration of personal and secular right, title and interest over the suit property and also for a permanent injunction against the Defendants -Appellants, namely, the Slate of Assam and Assam Board of Wakfs claiming the suit property as a Wakfs property and from collecting rents from the tenants and/or otherwise disturbing or interfere -ring with the peaceful possession of the Plaintiff over the suit property. The suit properly measuring about 14 -Bs, 2 -Ks of land is situated in the commercial area of the Gauhati city.

(3.) IT appears that earlier some suits were filed by the Plaintiff No. 1 including the title Suit No. 16 of 1933 before the learned Sub -ordinate Judge of Lower Assam Valley for ejectment of Sukhilla Seikh and according to the Plaintiffs in that suit the question whether the suit property was Wakf property or not was never decided finally as it was raised only incidentally.