L MACHI REDDY Vs. WAKF BOARD OF ANDHRA PRADESH
HIGH COURT OF ANDHRA PRADESH
WAKF BOARD OF ANDHRA PRADESH
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(1.) This is an appeal from the judgment of the learned Addl. District Judge of Cuddapah given in a S.No.122/69 on 4.8.1970 whereby the learned Additional District Judge allowed the appeal and decreed the plaintiffs suit.
(2.) The facts which gave rise to this appear are that the Wakf Board, Andhra pradesh instituted the suit for recovery of possession alleging inter alia that the properties covered by Title Deed No. 490 are endowed to Peerlu and as such they constitute Wakf property belonging to the institution of Peerlu (Ashurkhana). It is further alleged that previously one Aggi Dastagiri Sab was the Mutwalli and manager of the said religious institution. The said Dastagiri Sab and his shareholders alienated items 1 and 2 viz., No. Nos. 328/1 and 328/3 of Tappetla village to one Machireddi, Karnam of Tappetla, the 1st defendant, under a sale deed dated 1.2.1943. The said Manager and his co-sharers also sold item 3 i.e., S.No.453 of Tappetla village to the 2nd defendant under a sale deed dated 16.10.1946. It was alleged that the manager and his share-holders had no authority whatsoever to effect the sale in favour of the defendants. They are therefore illegal and void.
(3.) The Wakf Board after a proper enquiry declared the suit properties to be Wakf properties under Section 5 of the wakf Board Act on 26.3.1964. as the defendant did not handover possession to the Wakf Board, the suit out of which the 2nd appeal arises was instituted on 14.8.1967.;
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