GUDEPU LAXMAMMA Vs. MOHD RAZA MOHD RAAJ

JUDGEMENT

(1.) The present Second Appeal, under Section 100 of the Code of Civil Procedure, is filed by the appellants/appellants/plaintiffs challenging the judgment dated 01.11.2017 in A.S.No.3 of 2016 passed by the Senior Civil Judge, Narayanpet confirming the order dated 07.07.2008 in I.A.No.372 of 2015 in O.S.No.114 of 2005 passed by the Junior Civil Judge, Medak at Sangareddy, whereby the plaint was rejected on the ground that it is barred by law i.e. Section 14 of the A.P. (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 (for short the 'Inams Act'), the jurisdiction of the Court is ousted.

(2.) The appellants filed suit for perpetual injunction claiming that they are in possession and enjoyment of the property and sought for perpetual injunction till they are duly evicted by due process of law. Whereas, the respondent claimed that the property is Inam land/Inam wakf and the jurisdiction of civil Court is ousted under Section 14 of the Inams Act. The Courts below rejected the plaint based on the judgment of this Court in N.Manorama and others v A.P. Wakf Board 1999(1) ALD 396.

(3.) The present second appeal is filed on the ground that Section 14 of the Inams Act has no application to the property in dispute since the property is in Mahboobnagar District part of Telangana State. It is also contended that even assuming for a moment the contention of the respondent that it is a wakf property is correct, the suit for injunction is maintainable in view of law 2013(4) ALD 335 declared by this Court in Chowk Mosque, Nandyal, by Mutavalli P.V.H. Abdul Razak Miah v P.V.H.Maqbul Basha and others 2005(1) ALD 839 , but both the Courts below committed an error in rejecting the plaint.