LAWS(KAR)-1996-4-13

KARNATAKA BOARD OF WAKF Vs. LAND TRIBUNAL BELGAUM

Decided On April 09, 1996
KARNATAKA BOARD OF WAKF Appellant
V/S
LAND TRIBUNAL, BELGAUM Respondents

JUDGEMENT

(1.) of wakf praying to declare the order at Annexure-D passed by the land tribunal, belgaum as illegal and direct the 1st respondent to make the petitioner as a party and after issuing notice and after holding enquiry according to law to pass appropriate orders.

(2.) I have heard Sri h.b. datar, learned counsel for the petitioner i.e., Karnataka board of wakf, additional government pleader for respondents 1 and 2 and Sri vijaya shankar, learned counsel for respondents 3(b) to 3(h) fully and perused the records of the case.

(3.) respondent 3 filed form No. 7 claiming occupancy rights insurvey nos. 241/a and 241/b of belgaum. He made sherkhan masjid represented by wahivatdar yasin khan and others as opponents. The tribunal by its order dated 26-10-1976 allowed the application filed by respondent 3 and granted occupancy rights in favour of respondent 3 in respect of survey No. 241/a. Respondents 3(a) to 3(h) are the legal representatives of respondent 3 who have come on record * after the death of respondent 3.