BIHAR SUBAI SUNNI MAJLIS AWKAF Vs. SITARAM

JUDGEMENT

(1.) This appeal is brought on behalf of the plaintiff against the judgment and decree of the 1st Subordinate Judge of Patna dated 22-6-1950.

(2.) The plaintiff alleged that defendant No. 2 Saiyid Wasi Haider was Motawalli of certain endowed properties appertaining to a mosque situated in mohalla Qazi Abdul Momin alias Bagh Lodan and that on 17-6-1948 defendant No. 2 executed a deed of permanent lease in favour of defendant 1 with respect to the properties mentioned in Schedule I of the plaint. The salami mentioned in the document was Rs. 6000/- and the rent was Rs. 500/- but the plaintiff alleged that defendants 1 and 2 acted collusively and the sanction of the District Judge was obtained on 8-6-1948 on misrepresentation. It was averred that on 1-5-1948 the plaintiff was established as a body corporate under the Bihar Wakf Act and under Section 43 of the Act no transfer made by a Motawalli of the property of a wakf by way of lease ex- tending a period of three years could be valid unless made with the previous sanction of the Majlis. The plaintiff, therefore, asked for a declaration that the deed of permanent lease dated 17-6-1948 executed in favour of defendant No. 1 was void and invalid, that the District Judge had no jurisdiction to sanction the lease and defendant 1 had acquired no title to the properties mentioned in Schedule 1 of the plaint. The plaintiff also asked that the defendant 1 should be ejected from the properties and that he should be restrained by permanent injunc-tion from demolishing the structures existing on the land in question.

(3.) The main ground of defence was that the plaintiff was not duly constituted or established under the Bihar Wakf Act VIII of 1948; that in any case defendant 1 acted bona fide in the interest of the Wakf and since the District Judge granted sanction the deed of permanent lease in favour of defendant 2 was valid.