L MACHI REDDY Vs. WAKF BOARD OF A P
LAWS(APH)-1972-3-16
HIGH COURT OF ANDHRA PRADESH
Decided on March 27,1972

L.MACHI REDDY Appellant
VERSUS
WAKF BOARD OF ANDHRA PRADESH Respondents

JUDGEMENT

- (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. 70 whereby the learned Additional District Judge allowed the appeal and decreed the plaintiff's suit.
(2.) The facts which give rise to this appeal are that the Wakf Board, Andhra Pradesh instituted the suit for recovery ot 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 (Ashurkhanna). 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. S Nos. 328/1 and 328/3 of Tappetla village to one Machireddi, Kamara of Tappetla, the 1st defendant, under a sale deed dated 1-2-43. 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 16.10.46. It was alleged that the manager and his shareholders had no authority whatsoever to effect the sales 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 Boards Act on 26-3-64. As the defendants did not hand over possession to the Wakf Board, the suit out of which the 2nd appeal arises was instituted on 14-8-1967.;


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